In: Operations Management
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.
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.