Topics: Common law, Gang, Law Pages: 2 (699 words) Published: February 20, 2011
The Dustin Soldano v. Howard O’Daniels case models the common dispute between negligence and a party’s responsibility in an event. Likewise, chapter 1 of the Legal Environment textbook features Kuehn v. Pub Zone, a case that demonstrates a different scenario but the same battle of negligence and liability. The commonalities between the two cases support one another in the demonstration of the judges’ decisions as well as contribute to later common law. In the beginning of chapter 1, Beatty asks some thought provoking questions to initiate an analysis of the Kuehn case. The questions are as follows, “Should a pub owner pay money damages to the victim of gang violence? The owner herself did nothing aggressive. Should she have prevented the harm? Does her failure to stop the assault make her liable?” When analyzing any act of negligence, asking questions like these can help to answer any case’s Issue concerning a defendant’s duty to an involved party. Specifically, these simple questions can easily relate to the Soldano case. While the Circle Inn bartender did not aggressively act out against the victim, did his failure to stop the assault make him liable for the death of Darrell Soldano? In both cases the judge found the answer to these questions using a similar approach. In the Soldano case, Judge Andreen states that the California Supreme Court recognized factors to help determine if a duty is owed to a third party. Similarly, Judge Payne of the Kuehn case mentions almost identical factors as an important issue in his evaluation. In both cases the final decision is based on the factors not limited to but including foreseeability, certainty of harm and the opportunity to prevent it, the relationship amongst parties, and moral blame. Both the Soldano bartender and the Kuehn Pub Owner were aware of the dangers to the victims. The Pub Zone owner had prohibited entrance of “gangs in color” into her bar for the specific reason of preventing violence....
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