Question

Scenario: Bart and Milhouse were at Unlucky Bar one night, drinking and watching the local scenery. Bart left Milhouse for a few moments and went to talk to some friends. The group became rather boisterous and before Bart was aware, Joe the Bouncer picked him up and threw him out the front door. Bart landed on the sidewalk and had a rather large bruise on his head and a broken arm. Questions: - What is the main legal issue, including the remedy sought? - What is a possible defence(s)? - Discuss the likely outcome of this case. - What is ONE risk reduction strategy? (from the perspective of either party)

Answer 1

In the given case, Bart and Millhouse were visiting the Unlucky Bar. Hence they were under the standard duty of care of the bar. It seems that their group had become boisterous, but they did not do anything to create unrest in the bar. But before anyone could have realized, a bouncer threw Bart out of the front door. This act by the bouncer caused injuries to Bart. As the bouncer was acting as agent of the bar, under the agency relationship, the bar can be held responsible for the injury caused to Bart. This can be considered as an act of negligence and Bart can file a personal injury claim seeking monetary compensation.

The elements of negligence tort are as follows:

· Duty of care: As Bart was a customer at the bar, the bar had standard duty of care towards him

· Breach of duty: The bouncer, whose act caused injury to Bart, was acting as an agent of the bar. Hence there was a breach in the duty of care

· Causation: The bouncer could have just made Bart go out of the bar, instead he threw him out, causing him injuries. Hence there was causation

· Damages: Bart had got hurt in the head and had broken his arm

As all the elements are present, Bart can successfully file a case of negligence and can claim for monetary damages. The Court will also rule in favor of Bart.

One risk reduction strategy in this case can be that the bouncers and security guards be trained that they handle the customers well. There must not be an intentional assault or battery with the customers.