Liability scenarios
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Anna orders a meal in an Italian restaurant. After her food is served, she takes a bite and cries out in pain. She has bitten down on a piece of glass. Upon hearing Annas cry, another waiter who is pouring wine at a nearby table spins around and bumps into Annas waiter, who is carrying a flaming dish. The flaming dish tilts onto Annas waiter, and his apron catches fire. He rips it off and casts it aside, where it ignites another tablecloth. People start screaming and run for the door, but because it is a revolving door, only one or two people can leave at a time. The Emergency exit that is nearby was available but the light for the sign had burned out earlier that night and it was difficult to see the sign with the smoke. An old lady is trampled by the crowd and is seriously injured. Several other patrons suffer smoke inhalation and burns, but finally, everyone is out.
When the ambulances and fire engines arrive, Anna is among those transported to the emergency room. Her mouth is bleeding profusely, and she is becoming weak. The emergency room doctor tells Anna that immediate surgery will be necessary to stop the bleeding and save her tooth. She is immediately prepped for surgery. While she is unconscious, the surgeon mistakes her for another patient and amputates her right leg.
Describe the plaintiffs and defendants who would be involved in litigation following these events. Substantively describe the causes of action that could be alleged and any defense that could be raised in response. State your opinion regarding the outcome for each cause of action; dont forget to give your reasons for your opinion.
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Solution Summary
This solution assists in determining who might be held liable in specific scenarios.
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Hello. I provide the following to assist you.
The first suit would be: Against the restaurant
Potential Plaintiffs: Anna, other restaurant patrons, waiting whose apron caught fire
Potential Defendants: The restaurant, Waiter pouring the wine, waiter carrying flammable dish, chef
In this first suit, Anna would be a potential Plaintiff as she was the one who initially received the dish with the glass embedded in her food. ...
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