Summary
In Tasmania, an occupier of premises like Ted may owe a duty of care if harm is foreseeable. Other parties, such as event organizers and manufacturers, may also owe a duty. Liability depends on whether the duty of care was breached and if the harm was a foreseeable result. Consult a legal professional for tailored advice.Full Conversation
So on Halloween 31st October, *. My three children, Lana (*), Tom (*) and Tess (*) went out for Halloween and then happen upon Ted Myers’ house. Ted goes to great lengths to create a spooky, ghostly pathway to his front door, and rewards those brave enough to enter with the neighborhood’s best selection of sweets. My children entered the premises and navigated Ted’s creepy ‘Path of Doom’. They climbed through a spider’s web, jump as a devil is mechanically propelled at them, and stepped over a series of squelchy eyeball ponds. They ‘tricked’ Ted with some fake fingers, and then have a cheerful conversation with him. Ted offers them some sweets and they turn to leave. Just as they do so, someone dressed as a ghost springs out of a nearby doorway towards the children. Lana, petrified, turned to run, only to slam headlong into a brick wall covered in black cloth. She was knocked unconscious and suffered a concussion, a broken nose and numerous lacerations to her face requiring plastic surgery. Ted feels terrible but has never had an incident like this happen before. I am furious and want to bring an action in negligence against Ted.
I'm sorry to hear about this incident, ****. In Tasmania, for a successful negligence claim, you need to prove:
- Ted owed a duty of care to your children,
- Ted breached that duty of care,
- The harm suffered was a foreseeable result of the breach.
It's complex, so you should seek legal advice. Would you like contacts of local legal aid services?
can you answer these questions:Are you of the view that an occupier of premises such as Ted should be liable in circumstances such as these?
*
• The first step in problem solving in negligence is to advise Mr and Mrs Smith (as Lana’s parents) whether Ted owes Lana a duty of care.
• Also think about whether any other party may owe Lana a duty of care.
As an AI, I don't form views. However, I can tell you that in Tasmania, occupiers may owe a duty of care depending on factors such as foreseeability of harm. Legally, if Ted could have reasonably predicted the harm, he may be liable. Getting professional legal advice is recommended.
what parties owed a duty of care?
In Tasmania, several parties may owe a duty of care, including:
- Occupiers of premises like Ted.
- Organizers of events, in this case, the Halloween event.
- Manufacturers of the Halloween props.
- Parents or guardians of the children.
Each case is unique, and it's recommended to get legal advice.
should the occupier of the premises be liable
In Tasmania, an occupier of premises can potentially be held liable if they breached their duty of care, and this breach led to foreseeable harm. However, each case is assessed individually. Consult a legal professional for advice tailored to your situation.
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