Discuss about the Social Process Of Insurance Claims Adjustments.
Yes, bowling alley owns John a duty of care because it has an affirmative legal duty to take reasonable care to keep its premises safe so that the visitors are safe from injury. The proprietor is under the duty to warn the visitor of any danger-out condition that may contribute to his or her harm. John is one of the visitors, and he got the right to be warned of any danger.
Was the standard of care met by the bowling alley?
In tort law, the obligation which is imposed on the person needing adherence to the standard of reasonable care while doing any act that may lead to foreseeable harm to others is known as duty of care (Luntz et al., 2017). In this case, bowling alley owns his customer duty of care by warning them of any harm. Bowling alley met the standard care. This is indicated by caution warning people of the uneven floor. Neglected this warning because he was in hurry. The standard is also met because among the many people who were present for the tournament, only John had this issue. If the standard had not been met, many cases could had been recorded because of uneven floor.
Did John suffer a loss?
Yes, John made a loss due to his negligence. After winning the guest pass entity to play in Glow Bowling tournament, he arrived early and enjoyed refreshment. This took much of his time until he forgot about his group. While rushing to join his group, he failed to read caution, which indicated uneven floor watch your steps. As a result, he twisted his ankle, badly bruising his knee and twisting his ankle. This made John suffer some loss since he was unable to finish his tournament. Secondly, he could not go for work for six weeks meaning he had lost some earnings, thirdly John had to go for the hospital for treatment of which he was the one to take care of the expenses. This made John incur additional expenses losing some of his savings. Therefore, John suffered loss.
Was John’s loss caused by the bowling alley’s failure to meet the standard of care?
The loss of John was caused by his negligence. First, john did not take his time to read the caution warning people of slippery floor. Second John took much of his time taking cocktail instead of looking for his team members. In trying to make up time, he rushed leading to twisting his wrist and knee causing his sufferings. Therefore, the loss of John was caused by his negligence but not bowling alley’s failure to meet the standard of care.
Discuss possible defences for the bowling alley and the outcome.
Assumption of risk. Bowling alley will defend themselves by stating that the plaintiff assumed that there was no risk in the hall and that is why John failed to read the notice (Ross, 2017). Yes John assumed the risk; therefore, the defendant would win the case
Contributory negligence. The damage suffered by John was partly contributed by his actions (Best et al, 2018).john wasted much time drinking cocktail instead of joining his team. Wasting time drinking cocktail made John late and in attempt of trying to compensate time, he rushed and twisted his wrist. It was possible for John to avoid this injury if he could have maintained his time well. John must prove and plead actual or constructive notice of defect on bowler alley
Comparative negligence. Defendant may want to compensate based on the plaintiff negligence (Wright, 2017). It may result in pure where John will be paid percentage of damage of which the defendant is responsible. It can be modified where John will be paid if his negligence is less or equal to bowler alley negligence or it may result to slight-gross when the negligence by bowler alley is considered gross, and that of John considered slight
- Categorize the four types of damages that John could claim and provide examples of each. (11 marks)
- Aggravated damages for John when the court determined that his suffering was caused by the low standard by bowler alleys
- Special compensatory damage for his medical bills
- Compensatory damages for his pain, suffering, and injuries
- Nominal damages if the court passes that bowler alley was wrong
- Exemplary or punitive damages (Stein, 2017). This can be charged to bowler alley in case they were responsible for John suffering to warn others of the same and to make them amend their conduct
Best, A., Barnes, D. W., & Kahn-Fogel, N. (2018). Basic tort law: cases, statutes, and problems management . Wolters Kluwer Law & Business.
Doelle, M. (2016). The Canadian Law of Toxic Torts, by Lynda Collins & Heather Mcleod-Kilmurray management . Osgoode Hall Law Journal, 52(3), 1151-1156.
Luntz, H., Hambly, D., Burns, K., Dietrich, J., Foster, N., Grant, G., & Harder, S. (2017). Torts: cases and commentary management . LexisNexis Butterworths.
Ross, H. L. (2017). Settled out of court: The social process of insurance claims adjustments management . Routledge.
Stein, A. (2017). The Domain of Torts. Columbia Law Review, 535-611.
Wright, J. (2017). Tort law and human rights. Bloomsbury Publishing.