2. Did Park Hotel breach that duty of care, when Martha was playing on a potential dangerous and unsafe public hallway area of the hotel?
3. Regarding the elements of the case, could Park Hotel be held liable for negligence?
Discussion
In order to sue in negligence, the plaintiff must prove four elements: (1) the existence of a legal duty to act reasonably owed by the defendant to the plaintiff; (2) the breach of that legal duty by the defendant by acting or failing to act in a certain way, (3) injury to the plaintiff cause by the defendant’s actions (or inactions); and (4) proximate cause.