Question

5. Jackie is dining in a restaurant, unfortunately, her mouth is cut by a broken glass while she is drinking water. She is admitted to hospital, after treatment, doctor says that a permanent scar will be left on her mouth.

a) Who is the plaintiff and defendant?

b) What is the liability under duty of care owes by the defendant?

c) What kind of damages/loss could be claimed by the plaintiff?

Answer 1

a)

Here, Plaintiff is Jackie as she is Victim and suffering from an Incident. The Incident is here, Jackie is suffering from Mouth cut that happened by a Broken glass while she is drinking water.

Here, defendant is Restaurant owner

b)

Liabilities under duty of care owes by the defendant are as stated below:

• Restaurant owner will keep entire place safe and plates, glass, utensils are to be hygienic enough.
• They are liable for happening of any unsafe activities within the Restaurant area.
• If Restaurant owner and staffs have created any hazards, then, they will be responsible for any incident that bringing harm on visitors or guests.

c)

Plaintiff could claim several things, these are as stated below:

• Cost of health care expenses.
• Cost for negligence along with legal filling cost.
• Compensation charges or severance charges, as Plaintiff has to undergo with the losses for long period of time or for life time.