Premises Liability Law: A Case Study
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The paper describes the case where an unidentified patron of a nightclub slammed a door on the plaintiff's hand and caused severe injuries, leading the plaintiff to sue the nightclub for damages. The paper details the issues involved and provides legal reasoning as well as an analysis of the law in this scenario. The paper draws the conclusion that the unidentified patron was not an agent of the nightclub, and, as a trespasser who suffered harm because of an unforeseeable action, the plaintiff could not recover damages from the nightclub.
From the Paper:"Ramsey, Inc. owns and operates a nightclub in Pittsburgh. On the evening in question, Plaintiff Rinn became intoxicated at the nightclub and was asked by several patrons and the manager to leave the premises. The police were called and Rinn left the premises. When Rinn realized that his jacket was still in the nightclub, he attempted to reenter the premises. He was met at the door by the manager, who refused him admittance. When Rinn persisted, an unidentified patron, without approval of the manager, pushed Rinn, who lost his balance and fell backward. To break his fall, Rinn put his hand against the door jamb. The unidentified patron slammed the door on Rinn's hand and held it shut for several minutes. Rinn, who suffered severe injuries to his right hand, sued the nightclub for damages. Is the unidentified patron an agent of the nightclub? Should the nightclub be held liable?
"Issues: Was Rinn an invitee, a licensee, or a trespasser when he went back to the club to retrieve his jacket? Does Rinn's status determine whether or not the nightclub was responsible for his injuries? What standard of care did the nightclub owe to Rinn? Is a nightclub responsible for the criminal acts of one of its patrons? Was the patron acting on behalf of the nightclub, even though the patron was not acting under the direction or with the approval of any person at the nightclub?"
Sample of Sources Used:
- Larson, Aaron. "Premises Liability Law." Expert Law, N.p. 2003. Web. 28 Oct. 2010.
Cite this Case Study:
Premises Liability Law: A Case Study (2013, May 01) Retrieved November 29, 2020, from https://www.academon.com/case-study/premises-liability-law-a-case-study-152925/
"Premises Liability Law: A Case Study" 01 May 2013. Web. 29 November. 2020. <https://www.academon.com/case-study/premises-liability-law-a-case-study-152925/>