Torts There Are Two Separate Negligence Causes Essay

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Torts

There are two separate negligence causes of action, one cause of action from the customer who ingested the glass, and the other cause of action can be brought by any customer or employee who sustained injury from the fire.

Negligence

To establish a prima facie case for negligence, the plaintiff must prove that the defendant owed plaintiff a duty of reasonable care, which defendant breached, thus causing damage to the plaintiff. In other words, plaintiff must prove the following elements:

The existence of a duty on the part of the defendant to conform to a specific standard of conduct for the protection of the plaintiff against an unreasonable risk of injury.

Here, the restaurant is engaging in the business of serving food to customers, and it is presumed that an ordinary, prudent reasonable restaurant will take precautions against creating unreasonable risks of injury to its customers.

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From the perspective of the restaurant, its customers are foreseeable plaintiffs. Thus, the general duty of care extends from the restaurant, defendant, to Ana, who is a foreseeable plaintiff since she is a customer eating at the restaurant.

In addition, the restaurant is a commercial building or structure where large groups of people are invited to come. A commercial establishment should always have a fire escape or an emergency exit door as part of a duty of reasonable care owed to its customers, employees, and any people inside. There is always a foreseeable risk of a fire, and of course, that people will incur injury from fire, smoke, or injury from crowds trying to escape. Moreover, this restaurant serves flaming dishes, which poses an increased risk of fire. Thus, a duty of care is owed to all of the restaurant customers and employees….....

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