The tort that has occurred in this scenario would have to be unintentional tort; it was the negligence of the Italian restaurant and the surgeon that Anna inquired injuries.
The potential plaintiffs in this scenario would have to be Anna because she is the customer that ordered food and bit into glass causing her damages inside of her mouth. I also would have to say the older woman who was trying to leave the restaurant in which she got trampled on and received serious injuries, and the patrons that received burns from the tablecloth that was on fire, would be the other plaintiffs.
Potential Defendants and Reasoning
The potential defendants in this scenario would have to be the chef in the Italian restaurant that prepared Anna’s meal for being negligent in preparing the food and getting glass in the meal. I would have to say also the waiters for being negligent and not being careful with what they were handling and allowing a distraction to get to them (the plaintiff’s lawyer can claim that they should be able to work under stressful situations because of the profession that they are in). The owner would have to be another defendant for the reason that there were no exit signs or safety root outside of the restaurant in the case that something like this would happen. The surgeon would be another defendant for not checking the plaintiff’s chart and making sure of the duties that he needed to perform as a surgeon.
Tort Claim Elements
The tort claim elements that will be talked upon in court would be the negligence of duty of care, injury to the plaintiff (Anna), and medical malpractice. Duty of care would be used as negligence because of the injuries that Anna, the old woman, and the patrons that received burns because they all sustained injuries from the Italian restaurant. Medical malpractice would be the other tort claim, because of the fact that Anna was mistaken for another patient and her leg was amputated... [continues]
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