Question

Negligence:

You are the manager of a luxury boutique hotel. You are presented the following facts:

Johnny Rose was a guest at the Creek Motel which was famous for it’s Sunday brunch. After filling his plate with mountains of eggs and French toast, Johnny turned to return to his table and so excited at the prospect of eating, tripped over the dessert cart. The dessert cart was located at the end of the buffet line, right next to the three-meat buffet. The dessert cart was fixed in place in line with all the other buffet tables. No other guest tripped over the dessert cart. Johnny fell and broke his arm and has $25,000 in medical bills. Johnny sues the hotel for negligence. Will he be successful?

Answer 1

Answer:

According to the Law of Torts, negligence is not doing an action in the way in which it should be done. In the given case, Johnny Rose was so excited for the dessert cart that he tripped over the cart and broke his arm. The dessert cart was placed correctly and no other guest had such an accident that day. So, clearly, it is a case of civil negligence and an act of misfeasance. Johnny Rose did not go to the dessert cart patiently in a manner he was expected to and it caused him physical injuries. So, if he files a case against the luxury boutique hotel, the hotel has a very less burden of proof comparatively and Johnny Rose shall not be successful in getting the medical bills of $25,000 being compensated by the hotel. The case shall end in favor of the hotel only as it a pure case of misfeasance and negligence.

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