case study

Risk: Negligence Law

- QUEENS HOTEL IN WATERLOO

Every rainy day for the past 6 months a leak has appeared in the Queens front lobby. The staff were used to this common inconvenience and just mopped up the water every hour - they became complacent and did not put up the yellow 'slippery when wet' warning signs.

Joe green, 40 years old (a pilot with air Canada) was a regular guest and had just checked into the Queens hotel.

On the way out to dinner Joe green slipped on the puddle in the lobby. Coincidently, the bellman was in the process of pushing the bellman's cart loaded with luggage from a bus tour across the lobby.

Joe hit his head on the marble floor. While prone (lying on the floor), the bellman ran over Joe's hand and then smashed the corner of the trolley into Joe's forehead.

Joe was transported to the hospital with a broken scapula, a broken hand, a concussion and a terrible gash in his forehead and right eye.

The hotel GM went to visit Joe in the hospital and was advised that Joe would be permanently disfigured as the surgeon bungled the eye surgery and the injured eye had to be removed.

Joe will never be able to fly planes again and is suing the Queens hotel for 20 million dollars.

-----Using the negligence terminology (see below) describes how this case will proceed.

Is there an existence of a 'Duty of Care?' On what basis will Joe's lawyer present the case? Is he entitles to compensation? If so, what kind? Will Joe win? If so, explain why using the appropriate tort (negligence terminology)

Text 'negligence terminology' from the text (below) Introduction COMMON LAW:

The four main elements of negligence are:

Existence of a duty of care Breach of the duty (foreseeability + reasonable person) Injury resulting from the breach Proximate cause of the injury by the breach