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

proportional Negligence and COA - Assignment ExampleThe Management of European health SPA must be full informed that they have a duty of care which provides that adequate wagerion must be interpreted to avoid harm to its members or other people within their property. Policy aspects must be balance in establishing the extent of their duty of care to patients and other stakeholders. Core components of sustaining an action in negligence complicate the prediction of injury to the petitioner in which case it should be clearly identifiable the defendants action or inertia projected a sufficient level of certainty that the petitioner would offend harm. Secondly, there should be a proximate cause between the the defendants actions or inaction and the injury or damage suffered by the plaintiff. In this case Rhoda has a right to claim reparation 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 t he harm on her.The European Health SPA has a great core group 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 passing(prenominal) negligence is objective as opposed to being subjective. Rhoda who is the plaintiff must be fully assured 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 Rhodas affidavit it occurs that the floor had been lubricious on all the 25 occasions she used the facilities, but the defendant had failed to doing 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