Essay on "Tort Law the Tort Actions"
Essay 2 pages (718 words) Sources: 1
[EXCERPT] . . . .
The waiter that was pouring wine could be considered a defendant for negligence because the way he spun around and hit Anna's waiter caused burns from the flaming dish. Anna's waiter could be considered a defendant for negligence for throwing the burning apron on the table cloth that caused the fire to grow bigger and causing greater risks. The surgeon is definitely a defendant for performing the wrong surgery, which is negligence. The hospital would also be a defendant for negligence because it is the place the surgeon performed the surgery.The Italian restaurant would have the defense of unforeseeable risk where the door is concerned because a reasonable person would see that patrons were not trapped in the building. Vicarious liability would be a defense for the piece of glass and contributory negligence because it is not known how the glass got in the food. Natural or artificial condition would be a defense for the fire because it was a natural reaction under the circumstances. The other waiter, Anna's waiter, and the other patrons who trampled the old lady would have the defense of zone of danger. They were all victims to the incident. The surgeon could use the defense of consent because Anna had to sign a consent form (Elements of Negligence).
The restaurant will probably be held responsible for all the medical expenses of the injured patrons, except the surgery for Anna. They will probably be held responsible for any lost wages from patrons, including Anna, from the incident. They could face fines for the product liability and be court ordered to provide a fire escape to prevent future occurrence of safety hazards. The two waiters as well as the other patrons will pro
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Bibliography
Elements of Negligence. (n.d.). Retrieved from Docstoc: http://www.docstoc.com/docs/1046265/Elements-of-Negligence READ MORE
Quoted Instructions for "Tort Law the Tort Actions" Assignment:
“Scenario 2: Anna orders a meal in an Italian restaurant. After her food is served, she takes a bite and cries out in pain. She has bitten down on a piece of glass. Upon hearing Anna’s cry, another waiter who is pouring wine at a nearby table spins around and bumps into Anna’s waiter, who is carrying a flaming dish. The flaming dish tilts onto Anna’s waiter, and his apron catches fire. He rips it off and casts it aside, where it ignites another tablecloth. People start screaming and run for the door, but because it is a revolving door, only one or two people can leave at a time. An old lady is trampled by the crowd and is seriously injured. Several other patrons suffer smoke inhalation and burns, but finally, everyone is out.
When the ambulances and fire engines arrive, Anna is among those transported to the emergency room. Her mouth is bleeding profusely, and she is becoming weak. The emergency room doctor tells Anna that immediate surgery will be necessary to stop the bleeding and save her tooth. She is immediately prepped for surgery. While she is unconscious, the surgeon mistakes her for another patient and amputates her right leg. What tort actions do you see • The identity of potential plaintiffs • The identity of potential defendants and why you see each one as a defendant • The elements of the tort claim that constitute the plaintiff’s claim • Any defenses you think defendants might assert • How you think the claim will be resolved, stating legal reasons for your answer
How to Reference "Tort Law the Tort Actions" Essay in a Bibliography
“Tort Law the Tort Actions.” A1-TermPaper.com, 2012, https://www.a1-termpaper.com/topics/essay/tort-law-actions/3940779. Accessed 26 Jun 2024.
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