Derrick V Ocean Beach Case Study

Question No 3 3(a) In the case between Derrick v Ocean Beach Company (OBC), the issue is whether OBC owed a duty to Derrick’s safety and well being as a guest to their event, and whether OBC was in any way at fault to the injuries sustained by the plaintiff.

Derrick is filing claims of Negligence and is seeking Compensatory Damages for the injuries, pain and suffering he sustained. To win a negligence case, a plaintiff must prove five elements. Those are: Duty of Due Care, which means the defendant had a legal responsibilty to the plaintiff; Breach, which means the defendant breached her duty of care or failed to meet her legal obligations; Factual Cause, which means the defendant’s conduct actually caused the injury; Proximate Cause, which means it was forseeable that the conduct like the defendants’ might cause this type of harm to the plaintiff; and Damages, the plaintiff has actually been hurt or has actually suffered a measurable loss. A plaintiff generally receives compensatory damages, which means an amount of money that the court believes will restore him to the position he was in before the defandant’s conduct caused injury, for medical expenses that he has proven by producing bills from doctors, hospitals, etc. A plaintiff is also paid for pain and suffering.

Butfor the Surf Groupies that were hired by OBC, the bleachers that were setup would not have failed and injured Derrick, who then would not have needed the services of the EMTs, who then would not have failed to adequately attach the gurney to the inside of the ambulance, who then would not have been in the crash to re-injure Derrick. Ocean Beach Company owed a Duty of Due Care to Derrick of the Highest Liability. Derrick was an Invitee, which is someone who has a right to be on

As a result, Ocean Beach Company is liable for Compensatory Damages to be paid out to Derrick for medical expenses, pain, and