Law 531 Case 5.1
Team Reflection: Discussion Questions
Student Name(s)
LAW/531
Date Instructor Name
Critical Legal Thinking Questions
Case 5.1: Disparagement
Where the statements made in Zagat‘s restaurant guide statement of fact or statements of opinion?
The statements that were made in Zagat’s restaurant guide were statements of opinion.
It was stated that each restaurant in the guide was ranked based upon calculated surveys of customers of the restaurant, and the Zagat guide often quotes anonymous consumer comments.
The results from the surveys conducted concluded that the food at Lucky Cheng’s rated a 9 and in the category of décor and service a 15; scores could range from 0-30. Keeping in mind the results came directly from consumers …show more content…
Were Julius Ebanks’ injuries the result of the defendant’s negligent operation and poor maintenance of the escalator?
Rules: The case was adjudicated on the basis of negligence law. Negligence is “the omission to do something which a reasonable man would do, or doing something which a prudent and reasonable man would not do.” Among others, negligence law takes into consideration: duty of care, breach of duty of care, injuries caused by defendant’s negligent act(s), and the likes. (Cheeseman, 2013). A particular negligence law considered during this case was negligence per se.
Application/Analysis: Under the negligence per se doctrine, a defendant is responsible if he or she fails to properly maintain and repair damage that results to injuries to someone or a plaintiff (Cheeseman, 2013). Under negligence per se, an injured party or plaintiff is not allowed to prove that the defendant owed him or her duty of care because it is already stipulated in the statute or the law already establishes it. In this case, New York City’s building code established a standard gap required for an escalator step and wall. The escalator gap exceeded the city’s standard of 0.375-inch. The gap in the city’s escalator was 2-inch, which clearly violates the New York City’s building code. It is clear that New York City’s building code was intended to standardize the construction of escalators and other buildings as well as preventing injuries like those sustained by plaintiff Julius Ebanks. Just like any residents of the United States, Julius Ebanks was a resident of New York. Therefore, protection under the city’s building code extended to him. The court ruled in favor of Julius Ebanks under the doctrine of negligence per se because he was meant to be protected under New York City’s building code. He was awarded thousands of dollars for injuries he
Student Name(s)
LAW/531
Date Instructor Name
Critical Legal Thinking Questions
Case 5.1: Disparagement
Where the statements made in Zagat‘s restaurant guide statement of fact or statements of opinion?
The statements that were made in Zagat’s restaurant guide were statements of opinion.
It was stated that each restaurant in the guide was ranked based upon calculated surveys of customers of the restaurant, and the Zagat guide often quotes anonymous consumer comments.
The results from the surveys conducted concluded that the food at Lucky Cheng’s rated a 9 and in the category of décor and service a 15; scores could range from 0-30. Keeping in mind the results came directly from consumers …show more content…
Were Julius Ebanks’ injuries the result of the defendant’s negligent operation and poor maintenance of the escalator?
Rules: The case was adjudicated on the basis of negligence law. Negligence is “the omission to do something which a reasonable man would do, or doing something which a prudent and reasonable man would not do.” Among others, negligence law takes into consideration: duty of care, breach of duty of care, injuries caused by defendant’s negligent act(s), and the likes. (Cheeseman, 2013). A particular negligence law considered during this case was negligence per se.
Application/Analysis: Under the negligence per se doctrine, a defendant is responsible if he or she fails to properly maintain and repair damage that results to injuries to someone or a plaintiff (Cheeseman, 2013). Under negligence per se, an injured party or plaintiff is not allowed to prove that the defendant owed him or her duty of care because it is already stipulated in the statute or the law already establishes it. In this case, New York City’s building code established a standard gap required for an escalator step and wall. The escalator gap exceeded the city’s standard of 0.375-inch. The gap in the city’s escalator was 2-inch, which clearly violates the New York City’s building code. It is clear that New York City’s building code was intended to standardize the construction of escalators and other buildings as well as preventing injuries like those sustained by plaintiff Julius Ebanks. Just like any residents of the United States, Julius Ebanks was a resident of New York. Therefore, protection under the city’s building code extended to him. The court ruled in favor of Julius Ebanks under the doctrine of negligence per se because he was meant to be protected under New York City’s building code. He was awarded thousands of dollars for injuries he