Liability - negligence
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Herb bought a ticket to take a ride on The Grinder, a rollar-coaster at the state fair. On the back of the ticket was printed: " Not liable for death or injury". Herb did not turn the ticket over and did not read the statement before the ride. During the ride, Herb was hurt because of the negligence of a Grinder employee.
If Herb sues the owner of the Grinder, explain under what legal theory might the owner be liable for the negligence of the employee.
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Solution Summary
Referring to the scenario, if Herb sues the owner of the Grinder, this solution explains under what legal theory might the owner be liable for the negligence of the employee.
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1. Herb bought a ticket to take a ride on The Grinder, a rollar-coaster at the state fair. On the back of the ticket was printed: " Not liable for death or injury". Herb did not turn the ticket over and did not read the statement before the ride. During the ride, Herb was hurt because of the negligence of a Grinder employee. If Herb sues the owner of the Grinder explain under what legal theory might the owner be liable for the negligence of the employee?
Generally, most personal injury civil suits are based on the legal premise that when someone does something that harms another person physically, mentally, or financially, the person who caused the loss should compensate the person who suffers the harm for his or her loss. Whether a personal injury suit succeeds depends upon the type of action committed.
Let's look at the three possible legal theories that apply to personal injury law and then decide under which legal theory might the owner be liable for the negligence of the employee.
1. Sometimes a defendant incurs liability for personal injuries because he or she acted intentionally to harm the plaintiff. A plaintiff alleging ...
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