Question

In: Operations Management

Looking Sharp’s new workshop has been only partially built, due to a dispute with the builder....

Looking Sharp’s new workshop has been only partially built, due to a dispute with the builder. Scaffolding has been left on the frame, and there are building materials scattered about the building site.
The building site is next to a school oval, and school children have often been seen entering the building site and climbing up and playing on the scaffolding. Emily and Rachel (owner of looking sharp) have become aware of this, and have warned the school. However, the school principal has said it is not the school’s problem, as the children are playing there after school hours, and has advised Emily and Rachel to fence the building site. Emily and Rachel look into hiring a metal fence to enclose the building site, but it comes at a cost of $500 per week, so they have not yet hired it.
One day, a few students climb up the scaffolding, and one student falls from the top of the scaffolding and is injured.


Q: Advise Looking Sharp of its liability under tort law.

Solutions

Expert Solution

The tort law can be described as a law which is used to redress the wrongful act of others causing someone injuries or damages and provide the victim with the measures of monetary compensation. This law is categorized into three main parts: Negligent, intentional and strict liabilities torts.

Negligent torts are those torts which classify the injuries or damaged caused by the action of someone without done on purpose. In the case of Looking sharp, the owners warned and made the officials of school about the children playing at the under-construction building site. But since the children came after the school hours to play there, school authorities didn’t have any control over the issue. Hence, the school cannot be charged with negligence.

Intentional torts are those in which the damage or injuries sustained by someone is due to deliberate act and hence more offensive than the negligent tort. These cases deals with the situations like physical assault, fraud, theft, etc. The Looking sharp owners didn’t intentionally harmed the children playing at the under-construction site. Therefore, the Looking Sharp owners had no liabilities in this case.

The strict torts are those torts in which the damage or injuries are sustained by someone due to the faulty and defective production by the other party. The strict tort would have the liability issues if the construction site being built by the Looking Sharp owner had been solely for the children which were not the case. Therefore, The Looking Sharp is free from any liability or concern on this issue of the strict torts.

            The liability arises in the matter of Negligent torts for the Looking Sharp owners as they new that the under-construction site is a vulnerable site for the visitors and hence could have properly fenced the area for avoiding any trespassers. But the owners knew the liabilities and thought of purchasing metal fencing, since they were already planning on the safety but couldn’t execute the plan before the accident happened, therefore clearly it is the case of Negligent torts and the owners of The Looking Sharp firm will have to compensate the loss occurred due to injury and damages.

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