Wednesday, November 20, 2019

Tort of Negligence Assignment Example | Topics and Well Written Essays - 1250 words

Tort of Negligence - Assignment Example The duty of Care – This is the first thing which needs to be proved.Did the defendant owe a duty of care to the plaintiff? As Clumsy was your employee; this relationship falls under the established categories and thus it is clear that a duty of care towards clumsy was present. The pool of water might have been left there by another employee but he was asked to keep the floor clean by you and thus the ultimate responsibility in the hotel to keep your employees safe lies with you. (Roger LeRoy Miller, 2008)   Was the Duty of Care Breached – To establish a breach of duty under the tort of negligence it needs to be proved that the defendant failed to do what a reasonable person would have done in similar circumstances? (Roger LeRoy Miller, 2008) The failure to exercise required standard of care is regarded as an act of negligence under the law. In this case, as the manager of the restaurant, it is my duty to ensure that employees have a safe environment to work in which does not cause any injury or harm to them. As water was spilled over the floor, a reasonable person would have kept the floor clean – so there was a breach of duty. Even if the water was spilled on the floor – the reasonable thing to do would have been to put up a â€Å"Wet Floor† sign in order to warn anyone approaching the area. As neither was the floor kept clean and nor was a warning sign placed; it can be reasonably proved that there was a breach of the duty of care on the part of manager of the restaurant.   Damage/ Injury Caused by the Breach of Duty – The plaintiff needs to establish that due to a breach of the duty of care on the part of the defendant he suffered some sort of damage or injury. This damage or injury would not have been caused if there was no breach of the duty of care.

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