Question

In: Operations Management

Brady was eating at a local restaurant that had an open fire pit. His table was...

Brady was eating at a local restaurant that had an open fire pit. His table was next to the pit. During dessert, an ember exploded out and landed on the napkin on Brady's lap, catching it on fire. Fortunately, Brady was able to get the napkin off of him before the fire burned him or his clothes. The fire was quickly put out by Brady's server. Brady was upset by the incident and sued the restaurant for ordinary negligence. What is the most likely result in this case?
Brady will collect damages, as res ipsa loquitur applies.
Brady will collect damages if he proves it was possible to prevent the ember from exploding out of the fire.
Brady will not collect any damages since he did not sustain any damages.
Brady will collect damages because the restaurant committed negligence per se.

Solutions

Expert Solution

In the above given scenario the Doctrine of RES IPSA LOQUITOR does apply. RES IPSA LOQUITOR in simple terms means the thing speaks for itself, as per tort of law it means that the nature of Action itself capitulates Negligence in absence of direct evidence or in other sense just basis the Circumstantial evidence. This Doctrine encompasses of three features as below:

1. First and foremost the Action is caused basis a person’s Negligence.

2. Second Evidence rules out the possibility that Negligence was caused due to third party Actions.

3. Third it infers that the Negligence was caused due to the Defendants Duty of Care to Plaintiff.

Keeping the above points in mind it is for sure that in the above scenario the Restaurant Owner was aware of the open Fire Pit was placed near one of the seating of the Restaurant. It was the duty of the owners to prevent any sort of harm to his customer. The very fact that the open fire pit was next to a seating , where customer could sit clearly shows the negligence from the owners side and downwardness shown by the owner to his customer brady . Thus he could collect damages basis the doctrine of RES IPSA LOQUITUR.


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