Thursday, August 8, 2019
Law Case Study - B Example | Topics and Well Written Essays - 250 words
Law - B - Case Study Example First, the defendant, ABC Go-Kart, owes everyone that enters the premise guarantee for their safety especially when using their equipment and cars for racing. In this particular case, the defendantââ¬â¢s employee fails to inspect the brakes which results in the failure of the breaks of Obama. As such an accident occurs and Robinson dies from it. Consequently, the defendant owes the plaintiff, a duty of care since it was expected that by the nature of the races that take place in the area, the waiting area should have been shielded from the tracks; thus, no wheels could fly and ram into those in the waiting area. Therefore, based on these incidences, I find that the defendant breached the duty of care by failing to exercise reasonable care in ensuring that the wheels of the cars for racing are properly fitted and the braking system is working. Consequently, they failed to show reasonable care in that the waiting area was left open when the same, according to Pennsylvania law, ought to have been covered so people would not get hurt from such incidences. Therefore, a cause in fact may be determined on these two grounds in that had it not been for the defendantââ¬â¢s negligent actions, the injury through death would have not occurred to the plaintiff. In considering the proximate cause for this incident, it is evident that ABC Go-Kart as the defendant would have foreseen such the scope of such an occurrence and taken adequate responsibility to prevent it. For instance, had they paid the mechanic well, he would have performed his duty accordingly and the brakes of Obama would have not failed. As a result, the plaintiff can seek for damages for such actions of negligence. The death of Professor Robinson in itself is a legal ground for which negligence can be proved hence, damages sought for. Failure of the defendant to exercise care
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