Friday, March 1, 2019
Gansz V. Alton Haunted House Essay
The compositors case of Gansz V. Alton haunt House originated when a daughter tripped while running from an individual with a loud motor driven chainsaw at a haunt house in Alton, Illinois on October 29, 2011 (Faces of Law cause Abuse, 2013). The female childs find, Terry Gansz, claims the stalk house crook involved a section where patrons were directed through a public life leading to a do with an entry to the rear of the haunted bus. American Legion is being blamed for the design of the haunted house devising it difficult for patrons to exit the attraction (Madison Record, 2013). Arguing that the plaintiff voluntarily run intod the risks of the haunted house, the defendants claim they are not at fault and should not be apt(predicate) for any injuries claimed (Madison Record, 2013). Issue Has negligence been demonstrated? commandAccording to Cheeseman (2013), negligence is a A doctrine that says a somebody is liable for distress that is the foreseeable consequence of his or her actions (p.91). The elements of negligence includeDuty of CareBreach of DutyHarmLegal conditionThe case of Gansz versus Alton Haunted House exemplifies the foundation of the fault principle. Terry Gansz the father of a unseasoned girl who was injured when she tripped over a ramp at the Haunted House alleges that there was failure to ensure the guard of the patrons who visited the haunted house.Alton Haunted House had a duty to exercise sensible 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 compendium 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 synthetic rubber 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 enter 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 put up 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.ConclusionLearning team up 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 plaintif f. In this 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 dexterous and supervised prior to interacting with patrons in order to minimize the risk of injury. This case provides an excellent example of the liabilities communication channel owners may encounter. Therefore, in any business managerial setting it is imperative that owners carefully consider how their actions or escape 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 vacated 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
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