Ashley is preparing to open her restaurant and interviewing potential staff at her rented restaurant location. Ashley’s landlord, ABC Ltd., has allowed her into the premises before the start of the lease so that she can complete some improvements. Gerald is a tiling contractor whom Ashley has hired to put down a porcelain tile floor, and he has unpacked his tools—including a tile saw—in the middle of the dining room area. When Ashley completes her interview with Shelley, an applicant for the position of hostess, Shelley turns to leave and trips over the tile saw, cutting her leg. Shelley does not want Ashley to know so she does not complain. She does not go to the hospital until three days later after she hears that she did not get the job. The cut is so deep that it requires stitches to close, and the doctor tells Shelley that she should have come to the hospital immediately. Now it will leave a permanent scar.

What type of tort is involved, and what is the legal issue? what the person who commences the civil legal action in torts has to prove to be successful in the case? What is his/her defense (s)? What is the plaintiff's remedy?