Group Tort Assignment
The plaintiff in this case, hereafter referred to as Erin Langworthy, has a cause of action against the following defendants: Victoria Falls Bungee Company and the Bungee Cord Manufacturer (if proven that the manufacturing of the bungee cord was faulty prior to any use). Each will be discussed throughout the report in their respective order, with emphasis on Victoria Falls Bungee Co. The cause of action being pursued against Victoria Falls Bungee Co. is vicarious liability for their employees’ negligence.
The cause of action that the plaintiff is outlining against the Bungee Cord Manufacturer (if investigation finds the manufacturing process added to cause of fault) is negligence and failure to properly inspect and test their products prior to selling and distribution.
The plaintiff’s causes of action against Victoria Falls Bungee Co. are as follows: The defendant can be found to be negligent as they have breached the owed duty of care of properly maintaining all equipment, resulting in the harm of the plaintiff. If the bungee cord was not properly maintained, this would have directly caused the bungee cord to snap and lead to Langworthy's injuries. In addition, professional liability is a cause of action against The Victoria Falls Bungee Co., as the employees should have had the proper training and safety certifications allowing them to inspect the equipment and prevent malfunctions. As well, the company has no proper safety precautions taken in the case someone did fall in the water.
The primary cause of action being pursued by the plaintiff against The Victoria Falls Bungee Co. is vicarious liability as a result of the negligence of their employees. The Victoria Falls Bungee Co. employees were negligent in their actions because they owed a duty of care to ensure customer safety, which they breached, ultimately causing Ms. Langworthy's injuries.
Vicarious liability as a result of employees’ negligence...