The most prevalent tort in scenario 2 is negligence. The first act of negligence would be the glass that was found in Anna’s food that caused her injury. The second negligent act was the waiter’s decision to carry a flaming dish through the restaurant without announcing his presence. The restaurant owner’s negligent decision to not install an emergency exit other than a revolving door entrance caused an elderly woman to be trampled and caused several other patrons to suffer from smoke inhalation and burns. Anna also has a medical malpractice tort because when she was taken to the hospital to have surgery on her mouth a hospital mistake resulted in her leg being amputated instead. Potential Plaintiffs
The potential plaintiffs in this case are Anna, the elderly woman that was trampled, the waiter who was burned, and the restaurant patrons that suffered smoke inhalation and burns. Possible Defendants
Possible defendants are the cooks because of their negligence and actions that caused Anna to be served a dish with glass in it to begin with. The waiter is a possible defendant because he failed to announce his presence and was responsible for tossing his apron onto another tablecloth starting a larger blaze. The restaurant owner is another possible defendant because they failed to provide a proper emergency exit. Defendants of the malpractice tort are both the doctor who performed the wrong surgery on Anna and the hospital in which the mix up took place. The surgeon failed to ensure he was performing the right procedure on the right patient and the hospital because they failed to have standard operating procedures in place that would prevent such a horrible mishap. Tort Elements
Anna can claim negligence against the restaurant and its owner because their breach of duty to care caused for Anna to injure her mouth when she bit down on glass that was in her food. Anna can claim malpractice against the hospital and the doctor that...
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