Personal Injury Law Essay Example | Topics and Well Written Essays - 2000 words

Personal In instrument panel Law - Essay ExampleThe business of the possessor is measured using the presumable mans test that is, what a reasonable man would have done when presented with similar circumstances. The law imposes a duty on a proprietor to maintain the premises in a reasonably secure or safe condition. This means that he has a duty to offer premises that be safe and secure for use. This duty is owed to every invitee that is, somebody who has either express or implied permission to be in the premises. Additionally, he has a duty to inspect the premises for that which was likely to cause injuries. A breach of this duty makes the proprietor liable for any resulting injury to an invitee. The basis of liability for this duty is the presumed high-performance know leadge on the part of the proprietor. The law presumes that the proprietor has better knowledge on the existence of a factor that predisposes the invitee to risks. If the invitee has as a good deal knowledge of the hazard as the proprietor, there is no duty on the part of the proprietor to take to task him and the proprietor is not liable for any resulting equipment casualty if the invitee voluntarily assumes the risk. ... Therefore, the proprietor is more likely to be found culpable where he has more comprehension of the quality and quantity of risks presented by a particular set of circumstances than the invitee. The proprietor is not liable for readily observable hazards that should be appreciated by the invitees. He has no duty to warn about obvious risks that the invitee should decipher from the use of reasonable senses. Additionally, in both cases the court addresses the question on the circumstances in which it shall grant a judgment notwithstanding the verdict of the jury. As a general rule, the court shall try as much as possible to uphold the verdict of the jury unless, even without weighing the credibility of evidence presented, there can be only one conclusion as to the prope r judgment. The question as to disuse shall be left to the jury, unless in indisputable cases. The standard of review for a motion of judgment notwithstanding the verdict requires that the court weigh the evidence in the most favorable manner to the non-moving party, giving the party all the benefit for all favorable inferences that may be made. Oates V. Mulji Motor Inn, Inc. The brief facts of this case ar that a school tennis team registered to stay overnight at the appellees motel. At about 9pm, the team decided to go swimming at the motels pool. While swimming, a 17 year old Jarvis Coates drowned while swimming in the defendants motel pool. Coates parents commenced an action against the motel and the coach alleging that their negligence led to the death of Jarvis. At the time of the drowning, the pool did not have overhead lights, or a safety rope separating the deep from the shallow end. Although there was an subaquatic light