Preview

Park Hotel Negligence Summary

Satisfactory Essays
Open Document
Open Document
127 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Park Hotel Negligence Summary
1. Under the law, did Park Hotel have a duty of care to its guest, Martha Merriweather, a fourteen-year-old minor child?
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.

You May Also Find These Documents Helpful

  • Better Essays

    1.3 Duty Of Care

    • 1622 Words
    • 7 Pages

    Parents and carers have a right to expect that within the setting that the staff are professional and are looking after their kids to the highest standard that they will be kept safe and are not exposed to any unnecessary risks.…

    • 1622 Words
    • 7 Pages
    Better Essays
  • Good Essays

    In this case, the defendant, Fernando Maldonado, sued the plaintiff, Gateway Hotel of St. Louis for negligence after having received a knockout that interfered with his cognitive and motor functioning. Later, Gateway appeals the jury verdict in favor of the appellee on his negligence claims. Maldonado claimed the idea of negligence based on the piece of evidence that hotel had failed to provide an ambulance as well as an immediate medical monitoring team when he became unconscious. There are notable core legal issues in this case. To begin with, it is notable that the defendant cited the idea that delay of the ambulance had caused his condition to worsen, although he was later transferred to a hospital through an ambulance. In a huge way, he…

    • 590 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    The reporting party (RP) disclosed resident Forrest Thomas age 18 has a developmental disability, tumors on his brain, and a heart condition. According to the RP the resident has a mental function of a 13-15 year old. The resident disclosed that a staff member (name unknown) has made inappropriate sexual comments including asking the resident to take a shower with him, asking the resident to masturbate in front of him, showing the resident an apple and asking if that what the resident's penis looks like. Subsequently the staff member performed fellatio on a banana in front of the resident, offered the resident a soda if answered sexual questions, and asked the resident if he had gay sex with his roommate. According to the RP the staff member…

    • 265 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    There was a recent report from Parklands care home in Rochdale, which revealed the home failed seven of the 10 standards of care required. There were found to be several failures by the care staff that resulted in neglect and possible physical abuse.…

    • 407 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    midterm mgmt 520

    • 264 Words
    • 1 Page

    In a successful negligence suit, the plaintiff must show that each of the following five elements was present:…

    • 264 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Winterbourne View, and the company Castle Beck Care LTD, failed to protect the individuals in their care from various types of abuse. They were not protected adequately from harm, risk and the own unsafe practices of the staff employed there. Staff at Winterbourne View had failed in their legal duty to notify the Quality Care Commission of serious incidents, including injuries to patients and occasions when they had gone missing.…

    • 469 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    When an individual accesses the services or takes part in the activities carried out in the setting, whether it is a child, parent or staff member, they are all then under the duty of care of the setting staff and therefore it is a legal obligation to safeguard and protect this person.…

    • 620 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    This case is in regards to the tort of negligence, with the central issue being causation. With the evidence provided, it is necessary to determine whether Vera and PC Webster are owed a duty of care and subsequently have any claims.…

    • 466 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    (Richards 2015, p20). Since Sarah is under constant supervision and control (Acid test 2 and 3) it is likely she is deprived of her liberty. However I would be asking the ward if they have completed their own DoLs assessments and ask them to provide me with the legal documents and how it’s recorded. Other questions would need to be sought too such as did she make an advanced decision, is Peter a relevant persons representative or does he or their sons have Power of Attorney.…

    • 826 Words
    • 4 Pages
    Good Essays
  • Better Essays

    In any child care setting, staff or volunteers can cover anything that affects the safety and wellbeing of a child or young person. For example: a manager has a good relationship with a family whose child attends the nursery. Several members of staff have reported the abuse of neglect to the manager concerning the child. The manager brushes the issue off and replies “I’ve known the family for years; they would never neglect the child”. The neglect continues and the child has become isolated from the children as their clothing has a strange smell. The practioner eventually acts in good faith and takes the matter into the local children services. The case was taken further and investigated. The member of staff who reported the abuse was protected against being bullied and disciplined. If a member of staff try’s to seek help by the appropriate person and the topic is neglected, all staff should ‘blow the whistle’ all children have the right to feel safe and protected.…

    • 1354 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Occupier Liability Act

    • 1739 Words
    • 7 Pages

    A ‘common duty of care’ is owed by the occupier for everybody on site who have permission to be there, this must be equal to everybody. “A duty to take such care as…

    • 1739 Words
    • 7 Pages
    Good Essays
  • Powerful Essays

    The Crown Center Redevelopment Corporation started a project with Hyatt Regency Hotel in Kansas City in 1976. With the consulting structural engineer Gillum-Colaco, Inc., their subsidiary firm, Jack D. Gillum & Associates (G.C.E), the architect, PBNDML Architects, Planners, Inc., the general contractor Eldridge Construction Company, and the fabrication and erection of hotel’s atrium steel Havens Steel Company, they built the hotel. Divided into three groups: design team, construction team and inspection team, they made the 40-story tower section, function block, and the connecting atrium where the accident happened.…

    • 1510 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Medical Negligence Essay

    • 528 Words
    • 3 Pages

    This can be hard, but is necessary for all medical negligence cases. • The injury led to damages: Lastly, patients must prove that the negligence led to specific damages. Physical pain, mental suffering, additional medical bills, and lost work all count.…

    • 528 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Under no terms must a child or adult re enter the building unless they have been informed it is safe to do…

    • 266 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Outline the duty of care owned by an occupier to visitors defined in the Occupier’s Liability Act 1995 Under the traditional common law system entrants upon a premises were divided into the following four categories: Contractual invitees Invitees Licensees Trespassers Under the Occupier’s Liability Act 1995 three new categories were created; visitors, recreational users, trespassers. A visitor according to the act was: An entrant of right An entrant other than a recreational user eg. Patron of a cinema An entrant who is present at the invitation or permission of the occupier eg. Shop customer An entrant present on the premises on which “recreational activities” area capable of taking place An occupier owes a “common duty of care” towards a visitor to take such care as is reasonable in all circumstances to ensure that a visitor does not suffer injury or damage by reason of any possible that exists upon the premises. It must be noted that when determining what care is reasonable, the court must have regard to the care which a visitor may reasonably be expected to have for his or her safety. Recreational users are defined as “ an entrant who, with or without the occupiers permission or at the occupier’s implied invitation are present on the premises without a charge being imposed for the purpose of being there for a recreational activity including an entrant admitted without charge to a national monument. This does not however include an entrant who is a member of the occupier’s family; an entrant present at the express invitation of the occupier; an entrant present with the permission of the occupier for social reasons. A trespasser is an entrant other than a visitor or a recreational user. An occupier of the premise only owes trespassers a limited duty not to injure them or damage their property intentionally and not to act with reckless disregard for them or their property. In determining whether or not an…

    • 568 Words
    • 3 Pages
    Good Essays