Analysis of Johns Injuries - Essay Example

a. Was there a duty? If so, what is that duty and where does it stem?
The Hotel had a duty of care which is bestowed on individuals and institutions requiring them to uphold a high standard of reasonable care when their actions or failure to act can cause foreseeable harm to others. When the front desk employee is notified of the spilled drink, he immediately has a legal obligation to do something about it due to the law on the duty of care.

b. Was this duty breached? What is the standard of care in this situation? Did the hotel meet this standard of care?
The duty was breached since the front office employee did not promptly act on the information provided. He should have the drink washed up. By failing to act immediately, the employee and the hotel by extension, breach their duty and fail to meet their institutional obligation.

The standard of care is often defined as the level of caution and reason expected of any individual or institution that has a duty of care. The standard of care, in this case, is therefore neutralizing the danger posed by the spilled drink. They can either have it washed up immediately or at least bar the lobby until they can clean it up. The hotel did not meet this standard of care.

c. If the duty was breached, was it the proximate cause of John's injuries, or is something else responsible?
John’s injuries are a result of an accident that can be solely attributed to the negligence of the hotel. The breach of duty was therefore the proximate cause of his injuries and the hotel should face full liability.

d. Was there an injury?
An injury is any harm done to a person or persons caused by an act or omission of another or others. Injury is mainly physical hurt but includes damage to dignity or reputation, loss of a constitutional right, or even breach of contract. In this case, there is an injury in that the boy breaks his hand. There is also injury through breach of duty of care as the boy is exposed to danger in a place he is promised to be safe. Read More