ohnny, the owner of the Lame Duck Restaurant, has recently replaced the three steps that lead from the pavement to the front door of his restaurant with a short wooden ramp to facilitate wheelchair access. Lily is one of Johnny’s repeat customers. One rainy evening as Lily is leaving the restaurant, she slips over on the wet ramp. Lily severely sprains her ankle and is unable to work for the next 2 weeks. Lily has to pay the medical bill of $1000 because she does not have Medicare. In addition, Lily has to cancel her trip to Hawaii and she has fully paid for this trip.
Advise Johnny on whether he has a liability? (5 marks)
Advise Johnny on whether there is a tort and what are the elements of it? (5 marks)
Advise what damages have to be paid for?
1) Johnny has no liability as Johnny the owner of the Lame Duck Restaurant, has recently replaced the three steps that lead from the pavement to the front door of his restaurant with a short wooden ramp to facilitate wheelchair access. Lily is one of Johnny’s repeat customers. One rainy evening as Lily is leaving the restaurant, she slips over on the wet ramp. Lily severely sprains her ankle and is unable to work for the next 2 weeks.
Johnny has replaced fronty door facility for the benefit for society . Lily slipping over the wet ramp was due to her carelessness and negligence.
A defendant(Johnny) is not liable for every consequence of their carelessness. The court must decide whether it is appropriate for the scope of the defendant’s liability to extend to the harm actually suffered by the plaintiff(Lily).
A defendant will only be responsible for harm that was actually caused by their carelessness.
The court considers whether the loss or injury suffered by the plaintiff was a reasonably foreseeable consequence of the defendant’s carelessness.
If the harm suffered by the plaintiff was too remote or farfetched (i.e. not reasonably foreseeable) then the defendant is not liable for that harm.
2) Yes, at one side for Johnny there is a tort
- One rainy evening as Lily is leaving the restaurant, she slips over on the wet ramp. It means at rainy season Johnny must have more workers to clean the ramp and dry it as much as possible for preventing any harm to their customers. It utlimately leads to improvement in their cleaniness and more satisfaction to the customers and reduces incident which happen with the Lily .
- if on one side lily is at fault for her negligence then Johnny too for improper and low quality service providers
3) Johnny is liable for $ 1000/- for the medical pay as lily doesn't have any medical insurnace .
For others Johnny is not liable.
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