Question:
Case Study
Noel’s foot, preventing him from falling too. The mother of the children, Rosa, reached the room just after Lauren fell, hearing Noel sobbing ‘Lauren’s fallen out of the window”. Rosa let out what could only be described as a ‘blood curdling’ scream. The remainder of the tour group, including a Ms. Mary Jones, stood at the bottom of the stairs. On hearing Rosa’s scream, Mary, who was of nervous disposition, fainted.
Penelope, the Safety and Security Guard heard the screams and rushed toward the house. As she did so, she saw Lauren was lying beneath the collapsed balcony on the ground and ran over to her. However, on seeing the child close up, Penelope panicked about what to do next. Despite her training, instead of calling an ambulance immediately, she ran away from Lauren into the house to get a blanket and pillows. She then stopped to use the bathroom, before returning to Lauren, covering Lauren with the blanket and placing Lauren’s head on the pillow. She then called an ambulance. On arrival the ambulance officers rushed Lauren to hospital. It was discovered at the hospital that Lauren had a broken neck and spine. The medical evidence obtained indicates that moving her head to place it on the pillow made worse the injury to her neck. Lauren will remain a quadriplegic and has suffered brain damage. The delay in treatment is found to have made things worse. Lauren will require 24-hour care for the rest of her life.
Dalia is guilt ridden about the incident, and subsequently is diagnosed with clinical depression. Her life unravels. She is unable to work and drops out of law school, unable to focus on her studies. She begins drinking wine heavily, damaging her liver. Her doctors have said she can expect a reduced life of at least 15 years if she does not get a liver transplant.
Rosa, the mother, is diagnosed with Post-Traumatic-Stress-Disorder (also a serious psychiatric illness). She struggles to look after Lauren and Noel, to clean the house, and to find joy in life. Her marriage subsequently breaks down. Unable to afford to pay for Lauren’s care requirements, she does it herself getting Noel to help her with the cleaning of the house and other chores.
Mary Jones is unable to rid herself of regular nightmares in which she is wandering through an old house in which she hears the screams of Lauren and Rosa over and over again. She subsequently is also diagnosed as suffering anxiety and depression. She is unable to leave her house, and no longer enjoys visiting museums. She engages in regular weekly tele-health psychology sessions.
Following the incident crowds stopped coming to Tabbot House after multiple news stories recounted the event and pictures of a small, injured girl lying at the bottom of the house were circulated on the internet. With few customers over summer, and those who came often leaving because the restaurant windows look out over where Lauren fell, Andre Bella Rosa could not generate enough money to keep the restaurant open. Consequently, he has not only lost his livelihood (his means of income), but also his home as he could not meet the mortgage repayments.
Penelope, the Safety and Security Guard heard the screams and rushed toward the house. As she did so, she saw Lauren was lying beneath the collapsed balcony on the ground and ran over to her. However, on seeing the child close up, Penelope panicked about what to do next. Despite her training, instead of calling an ambulance immediately, she ran away from Lauren into the house to get a blanket and pillows. She then stopped to use the bathroom, before returning to Lauren, covering Lauren with the blanket and placing Lauren’s head on the pillow. She then called an ambulance. On arrival the ambulance officers rushed Lauren to hospital. It was discovered at the hospital that Lauren had a broken neck and spine. The medical evidence obtained indicates that moving her head to place it on the pillow made worse the injury to her neck. Lauren will remain a quadriplegic and has suffered brain damage. The delay in treatment is found to have made things worse. Lauren will require 24-hour care for the rest of her life.
Dalia is guilt ridden about the incident, and subsequently is diagnosed with clinical depression. Her life unravels. She is unable to work and drops out of law school, unable to focus on her studies. She begins drinking wine heavily, damaging her liver. Her doctors have said she can expect a reduced life of at least 15 years if she does not get a liver transplant.
Rosa, the mother, is diagnosed with Post-Traumatic-Stress-Disorder (also a serious psychiatric illness). She struggles to look after Lauren and Noel, to clean the house, and to find joy in life. Her marriage subsequently breaks down. Unable to afford to pay for Lauren’s care requirements, she does it herself getting Noel to help her with the cleaning of the house and other chores.
Mary Jones is unable to rid herself of regular nightmares in which she is wandering through an old house in which she hears the screams of Lauren and Rosa over and over again. She subsequently is also diagnosed as suffering anxiety and depression. She is unable to leave her house, and no longer enjoys visiting museums. She engages in regular weekly tele-health psychology sessions.
Following the incident crowds stopped coming to Tabbot House after multiple news stories recounted the event and pictures of a small, injured girl lying at the bottom of the house were circulated on the internet. With few customers over summer, and those who came often leaving because the restaurant windows look out over where Lauren fell, Andre Bella Rosa could not generate enough money to keep the restaurant open. Consequently, he has not only lost his livelihood (his means of income), but also his home as he could not meet the mortgage repayments.
Question
Provide advice regarding all possible claims in negligence that may arise as a result of the above scenario. In your answer you should identify any relevant plaintiff(s) and defendant(s), identify all relevant legal issues, identify the applicable law, and engage in legal analysis based upon the facts and law. Include in your advice discussion of any relevant defences and damages.
Provide advice regarding all possible claims in negligence that may arise as a result of the above scenario. In your answer you should identify any relevant plaintiff(s) and defendant(s), identify all relevant legal issues, identify the applicable law, and engage in legal analysis based upon the facts and law. Include in your advice discussion of any relevant defences and damages.
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