Friday, June 7, 2019

Gansz V. Alton Haunted House Essay Example for Free

Gansz V. Alton Haunted signboard EssayThe encase of Gansz V. Alton Haunted House originated when a girl tripped while running from an individual with a loud labour driven chainsaw at a haunted house in Alton, Illinois on October 29, 2011 (Faces of font Abuse, 2013). The girls father, Terry Gansz, use ups the haunted house bit included a section where patrons were directed through a passage leading to a ramp with an entry to the rear of the haunted bus. American server is being blamed for the design of the haunted house making it difficult for patrons to exit the attraction (Madison Record, 2013). Arguing that the plaintiff voluntarily assumed the risks of the haunted house, the defendants claim they are not at fault and should not be conjectural for any injuries claimed (Madison Record, 2013). Issue Has negligence been demonstrated?RuleAccording to Cheeseman (2013), negligence is a A doctrine that says a person is liable for harm that is the foreseeable consequence of hi s or her actions (p.91). The elements of negligence include obligation of CareBreach of DutyHarmLegal CausationThe case of Gansz versus Alton Haunted House exemplifies the foundation of the fault principle. Terry Gansz the father of a new-made girl who was injured when she tripped oer a ramp at the Haunted House alleges that there was failure to ensure the safety of the patrons who visited the haunted house.Alton Haunted House had a duty to object lesson reasonable care for those who would visit the haunted house. The unforeseen danger of the participants were not averted and the injuries suffered by the young girl is the fault of Alton Haunted House. Alton Haunted House believes the young girls harm was the result of her own negligence. It was not the duty of the young girl to research beforehand the possible dangers of the haunted house.AnalysisIn our analysis of the case team D recognized that there were flaws in the defendants case. The defendants had a responsibility, a duty in fact, to ensure the safety of the patrons. There should be a limit as to how far actors should be allowed to come to patrons. Also nowhere in the case did it state that a sign was posted stating arrive at your own risk or anything of that nature. So team D concluded that the defendant must be held liable for their action because there were no clear policies in place for employees with regards to chasing patrons. . Duty of care is listed as Duty of care is defined as the obligation people owe each other that is, the duty not to cause any unreasonable harm or risk of harm (Cheeseman, 2013, p. 91). We believe that is was there duty to ensure safety.Conclusion instruction Team D reviewed the case of Gansz v. Alton Haunted House using the IRAC method. Based on the issue, rule, and analysis conducted, the teams conclusion is that Alton Haunted House is liable for negligence because they breached their duty of care. This breach resulted in foreseeable injuries to the plaintiff. In th is case, patrons did assume a level of risk by entering into the house however, Alton Haunted House still had a responsibility to ensure their employees were properly trained and supervised prior to interacting with patrons in order to minimize the risk of injury. This case provides an excellent representative of the liabilities business owners may encounter. Therefore, in any business managerial setting it is imperative that owners carefully consider how their actions or lack of actions could lead to a lawsuit.ReferencesFaces of Lawsuit Abuse. (2013). Girl chased at haunted house sues Alton.Retrieved from http//www.facesoflawsuitabuse.org/2012/10/girl-chased-at-haunted-house-with-chainsaw-sues-alton-american-legion/ Madison Record. (2013). Bellville attorney to represent Alton in haunted house lawsuit. Retrieved from http//madisonrecord.com/issues/366-personal-injury/249477-belleville-attorney-to-represent-alton-in-haunted-house-lawsuit Madison Record. (2013). November trial vacate d in girls suit against Alton haunted house. Retrieved from http//madisonrecord.com/issues/366-personal-injury/259790-november-trial-vacated-in-girls-suit-against-alton-haunted-house-cmc-set-eve-of-halloween

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.