Question

Bob is at the Boston Biceps Bodybuilding Club riding an exercise bike. Bob wants to change the channel on the television that is mounted high on a nearby wall. He reaches for the remote control device and finds that another member has accidentally taken the remote control and left behind a cellular phone. Bob drags the exercise bike over to the television. He stands on the seat of the exercise bike in order to reach the television, but the seat post breaks and Bob falls to the floor. Bob is injured and cannot control his temper. He puts his entire 170 pounds into destroying the bike and throws it across the room against the wall, breaking off several pieces, with the handlebars landing on the running track. Half an hour later, another patron, Randy, trips over the handlebars as he is running on the track and is injured. Randy sues the Boston Biceps Bodybuilidng Club and Bob for negligence. Discuss both his cases, including the elements of a negligence lawsuit and whether Boston Biceps Club and/or Bob are liable for the tort of negligence.

Answer 1

Bob's liability :

The above mentioned case can be covered and decided under Tort Law. Tort law decides the cases which are based on the wrong doing or civil disobedience leading to any harm whether intentional or unintentional.

In order to decide whether Bob can be hold liable it is important to analyse the facts presented in the case. The first being that Bob indulged in civil wrong by destroying the exercise bike and leaving its parts all over the floor which could be seen as a foreseeable act of causing injury to people. Randy has suffered injury due to the tripping on the handlebars which landed on the running track due to the act of destroying the bike,, bobs action can thus be termed as an intentional tort including willful or intentional actions. But since the civil wrong done by Bob was not directed to cause any kind if injury to anyone and since Bob did not intended to cause Randy a personal injury, it will thus be in Randy's hand to prove bobs liability. Therefore the burden of proof lies in the hands of Randy to prove his claim on Bob.

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The Boston Biceps Club's Case:

Under negligence lawsuit, the Boston biceps club can be hold responsible for the personal and premise injuries which Randy suffered. The health club can be hold responsible for the tort of negligence because of injuries suffered by Randy on account of failing to check the equipments and environment to ensure safe surrounding for customers. Since the club is accountable for the safety and well being of their customers, therefore after the destruction of Bob, the staff should have constantly rechecked that all the spread parts of bicycle were removed after thr accident to make environment harmless for clients. Therefore Randy can hold club liable and there are good chances of winning the negligence claim against the Boston Biceps club for facing injuries.

As per elements of negligence lawsuit it was duty of biceps club to remove obstacles to ensure safe environment, which was breached by not checking the runway track which was the cause resulting in harm to Randy.

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Thanks dear student.. Hope this helps..Good luck..

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