Comparative Negligence and COA Assignment Example | Topics and Well Written Essays - 500 words

Comparative Negligence and COA - Assignment Example The Management of European health SPA must be fully informed that they have a duty of care which provides that adequate action must be taken to avoid harm to its members or other people within their property. Policy aspects must be balanced in establishing the extent of their duty of care to patients and other stakeholders. Core components of sustaining an action in negligence include: the prediction of injury to the petitioner in which case it should be clearly identifiable the defendant’s action or inaction projected a sufficient level of certainty that the petitioner would suffer harm. Secondly, there should be a proximate cause between the the defendant’s actions or inaction and the injury or damage suffered by the plaintiff. In this case Rhoda has a right to claim damages given the fact that she is a member of the European Health SPA and the organization is to be morally blamed for not foreseeing and preventing the harm on her. The European Health SPA has a great burden and consequences for their actions of imposing duty and liability to the members as in Valdez v. J. D. Deffenbaugh Co., 51 Cal. App. 3d 494, 124 Cal. Rptr. 467 (1975). In this scenario the test of careless negligence is objective as opposed to being subjective. Rhoda who is the plaintiff must be fully aware that liability on the part of the defendant is incurred in tort when the party at the time of the act of negligence must have considerably foreseen the act that could lead into injury of another. According to Rhoda’s testimony it occurs that the floor had been slippery on all the 25 occasions she used the facilities, but the defendant had failed to exercise duty of care by warning its members or other users of the impending danger of a slippery floor. As a result of this negligence, Rhoda suffered physical injury, which entitles her to