Tort Of Negligence Case Study

950 Words4 Pages
a) An incident takes place in Brisbane Hotel. A man named John Anthony Wagner lost his one sight when he fell and slipped in a bathroom of Brisbane Hotel, because of his loss take to court the hotel’s owner over allegations of professional negligence. Mr. Wagner was staying at the Everton park hotel in Brisbane when the incident happen. Court records lodged in the District Court of Brisbane, and the complain shows that Mr. Wagner placed a mat on the floor of the bathtub while he take a bath. Then when he came out the bathtub, he slipped and fell and his left eye hit on one of the taps. As the effect Mr. Wagner is now presently blind in that eye. He also endured cuts, scarring and daze. Mr. Wagner sued the hotel owner Talbot Group Investment claiming that they failed to caution him regarding the potential danger focusing of the evasive nature of the bathtub. He also complains that there should be a handle support as to when getting done with the tub, and the bath mat have no sufficient traction. Mr. Wagner argues the cleaning products is also one of the reason of his accident. b)…show more content…
It is the absence of care, imposes a duty on a person to act with care towards others. If this duty exists and there is a failure to act carefully and another suffers loss, then the tort of negligence is committed. Barron (2006) Page 71 The court can consider are: Cautions, harms and breach of duty. Causation in English law concerns the legal tests of remoteness, causation and foreseeability in the tort of negligence. Wikipedia, (2014). Hotel keeper should always ensure the guest from the dangers in the potential danger in their premises. If Mr. Wagner suffers harms there may be actionable claims of negligence. In English law, a nervous shock is a psychiatric illness or injury inflicted upon a person by intentional or negligent actions or omissions of another. Wikipedia,
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