AFM231project
Tutor Facility Washroom
Nikkatan-20575647, Shivi -20558556, John-20567027, Jeremy-20570047, Ronak-20554456, Esmat - 20583252
This is an image of a local tutoring facility that only has only one fully functioning washroom for both employees and customers. They have multiple cleaning supplies that should be out of the reach of children left in the open. This is a for-profit business and face some tort risk of negligence.
How Does This Business Demonstrate This Tort?
Duty of Care: Based on the neighbour principle, the tutoring business owes a duty of care to anyone who might reasonably be affected by the business’ conduct. The tutoring business owes their customers a duty of care to provide a safe and sanitary restroom for use. The potential harm from the cleaning supplies is a reasonably foreseeable consequence of leaving the chemicals out in the open. Not only does the tutor ensure the educational growth of their students, they must also ensure a safe and harmless learning environment. This relationship demonstrates sufficient proximity and is therefore not unfair to impose a duty of care on the business.
Breach Standard of Care: The tutoring business breaches a standard of care by keeping dangerous chemicals out in the open and making it available to the public. The chemicals could lead to serious harm to the customers if they were to be used carelessly. Although the customer is the only one who can initiate a dangerous use of the chemicals, the business has a responsibility to eliminate that potential risk opportunity by concealing the chemicals from the public.
Causation: Would the harm have occurred but for the business’ actions? In this case, if the business had not left the mop and chemicals open to the public, the chances of injury from those agents would be severely reduced. Children could cause harm to themselves by drinking the chemicals, spilling the chemicals on their skill, or spilling the chemicals on the floor. The possibility of the above listed accidents could be completely eliminated if the business took action and placed the chemicals away from public sight and reach.
Remoteness: The potential risks of careless using chemical supplies can have immediate impacts on the user. For example, if a child was to drink the chemicals or spill the chemicals on their skin, they could experience immediate pain and illness. The potential dangers of chemicals satisfy the criteria of tort law due to the fact that the loss would not be purely economical. The injuries would be non pecuniary since they would be related to physical harm, personal injury, and suffering. In addition, the thick skull rule could also apply to plaintiffs would are extremely affected or allergic to certain fumes. The label of many supplies indicate to keep out of reach of children and clearly demonstrates the foreseeable consequences of the business’ negligent actions.
Implications of the tort on the Business
A child who is harmed by the chemicals in the washroom can claim pecuniary and non-pecuniary damages. A child can unknowingly use the cleaning products which can be toxic and cause injuries to the child when exposed to such chemicals. If the child spill one of the cleaning products, it can lead to skin and eye irritation or chronic injuries such as skin and internal burns in the esophagus and lung, if the child ingests one of the cleaning products. If the child suffers from serious burns on the skin, eyes or suffers from chronic long-term damages such as internal burns they can be awarded non-pecuniary damages for pain and suffering, loss of enjoyment in life and also pecuniary damages such as cost of future care or special damages such as out-of-pocket expenses.
In addition, if a child was to get hurt in any type of way, this would affect the tutoring centre’s image in the community as this would give rise to the fact if the business is able to provide a safe environment for the students. In this type of business recommendations and word-of-mouth reviews can have a major impact on the amount of business it can attract. The business may lose their reputation and future income due to older clients may choose to leave and enrol their children in other competing tutoring centres. In addition future clients may not even consider this tutoring facility as an option for their children. Going forward the business should make it a priority to fix the children’s washroom in order to maintain the reputation of the tutoring centre and avoid the potential tort.
Tutor Facility Washroom
Nikkatan-20575647, Shivi -20558556, John-20567027, Jeremy-20570047, Ronak-20554456, Esmat - 20583252
This is an image of a local tutoring facility that only has only one fully functioning washroom for both employees and customers. They have multiple cleaning supplies that should be out of the reach of children left in the open. This is a for-profit business and face some tort risk of negligence.
How Does This Business Demonstrate This Tort?
Duty of Care: Based on the neighbour principle, the tutoring business owes a duty of care to anyone who might reasonably be affected by the business’ conduct. The tutoring business owes their customers a duty of care to provide a safe and sanitary restroom for use. The potential harm from the cleaning supplies is a reasonably foreseeable consequence of leaving the chemicals out in the open. Not only does the tutor ensure the educational growth of their students, they must also ensure a safe and harmless learning environment. This relationship demonstrates sufficient proximity and is therefore not unfair to impose a duty of care on the business.
Breach Standard of Care: The tutoring business breaches a standard of care by keeping dangerous chemicals out in the open and making it available to the public. The chemicals could lead to serious harm to the customers if they were to be used carelessly. Although the customer is the only one who can initiate a dangerous use of the chemicals, the business has a responsibility to eliminate that potential risk opportunity by concealing the chemicals from the public.
Causation: Would the harm have occurred but for the business’ actions? In this case, if the business had not left the mop and chemicals open to the public, the chances of injury from those agents would be severely reduced. Children could cause harm to themselves by drinking the chemicals, spilling the chemicals on their skill, or spilling the chemicals on the floor. The possibility of the above listed accidents could be completely eliminated if the business took action and placed the chemicals away from public sight and reach.
Remoteness: The potential risks of careless using chemical supplies can have immediate impacts on the user. For example, if a child was to drink the chemicals or spill the chemicals on their skin, they could experience immediate pain and illness. The potential dangers of chemicals satisfy the criteria of tort law due to the fact that the loss would not be purely economical. The injuries would be non pecuniary since they would be related to physical harm, personal injury, and suffering. In addition, the thick skull rule could also apply to plaintiffs would are extremely affected or allergic to certain fumes. The label of many supplies indicate to keep out of reach of children and clearly demonstrates the foreseeable consequences of the business’ negligent actions.
Implications of the tort on the Business
A child who is harmed by the chemicals in the washroom can claim pecuniary and non-pecuniary damages. A child can unknowingly use the cleaning products which can be toxic and cause injuries to the child when exposed to such chemicals. If the child spill one of the cleaning products, it can lead to skin and eye irritation or chronic injuries such as skin and internal burns in the esophagus and lung, if the child ingests one of the cleaning products. If the child suffers from serious burns on the skin, eyes or suffers from chronic long-term damages such as internal burns they can be awarded non-pecuniary damages for pain and suffering, loss of enjoyment in life and also pecuniary damages such as cost of future care or special damages such as out-of-pocket expenses.
In addition, if a child was to get hurt in any type of way, this would affect the tutoring centre’s image in the community as this would give rise to the fact if the business is able to provide a safe environment for the students. In this type of business recommendations and word-of-mouth reviews can have a major impact on the amount of business it can attract. The business may lose their reputation and future income due to older clients may choose to leave and enrol their children in other competing tutoring centres. In addition future clients may not even consider this tutoring facility as an option for their children. Going forward the business should make it a priority to fix the children’s washroom in order to maintain the reputation of the tutoring centre and avoid the potential tort.