Essay on "Mccarty V Pheasant Run"

Essay 2 pages (683 words) Sources: 3

[EXCERPT] . . . .

However, the jury decided that the hotel had provided adequate security and, by not securing her room personally, she had not acted in a reasonable manner herself in order to protect herself. Her claim that better locks could have prevented the attack was not backed up by cost estimates proving that the cost would have been worth the increased safety. As the sliding doors opened on a walkway, not a balcony, which led to a fire escape, her claim that having a walkway which led to the ground floor was negligent was not accepted as it was the only means of escape if there was a fire.

In the case of McCarty v. Pheasant Run the plaintiff could not claim either intentional or strict liability tort as the hotel neither intentionally harmed her or acted in a manner so dangerous as to be liability. Instead the hotel was sued for negligence and Mrs. McCarty claimed that the hotel knowingly chose to engage in the proximate cause of not providing adequate security which they knew could result in harm to their guests. In response the hotel claimed that they had fulfilled their duty to provide adequate security and if there was any liability on their part it was only limited liability because Mrs. McCarty held a greater amount for not being careful. Mrs. McCarty was unable to prove that the hotel failed to provide adequate, cost-effective precautions; something that is essential in proving a negligence tort.

References

826 F.2d 1554: Dula McCarty, Plaintiff-appellant, v. Pheasant Run, Inc. Defendant-

appellee. United States Court of Appeals, Seventh Circuit.-826f.2d1554. (1987).

Retrieved from http://law.justia.com/cases/federal/appellate-courts/F2/826/1554/321298/

McCarty v. Pheasant Run. 826 F.2d 1554: 23 Fed.R.Evid.Serv.251. (1987).

PublicResource.Org. Retrieved from https://law.resource.org/pub/us/case/reporter/F2/826/826.F2d.1554.86-2135.html

Van Devort. (2000). American Law and the Legal System: Equal Justice Under the Law.

Albany New York: West Legal Studies. Print. READ MORE

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