Personal Injury Law Essay Example | Topics and Well Written Essays - 2000 words

Personal Injury Law - Essay Example The duty of the proprietor is measured using the reasonable man’s test: that is, what a reasonable man would have done when presented with similar circumstances. The law imposes a duty on a proprietor to maintain the premises in a reasonably secure or safe condition. This means that he has a duty to offer premises that are safe and secure for use. This duty is owed to every invitee: that is, somebody who has either express or implied permission to be in the premises. Additionally, he has a duty to inspect the premises for that which was likely to cause injuries. A breach of this duty makes the proprietor liable for any resulting injury to an invitee. The basis of liability for this duty is the presumed â€Å"superior knowledge† on the part of the proprietor. The law presumes that the proprietor has better knowledge on the existence of a factor that predisposes the invitee to risks. If the invitee has as much knowledge of the hazard as the proprietor, there is no duty on the part of the proprietor to warn him and the proprietor is not liable for any resulting harm if the invitee voluntarily assumes the risk. ... Therefore, the proprietor is more likely to be found culpable where he has more comprehension of the quality and quantity of risks presented by a particular set of circumstances than the invitee. The proprietor is not liable for readily observable hazards that should be appreciated by the invitees. He has no duty to warn about obvious risks that the invitee should decipher from the use of reasonable senses. Additionally, in both cases the court addresses the question on the circumstances in which it shall grant a judgment notwithstanding the verdict of the jury. As a general rule, the court shall try as much as possible to uphold the verdict of the jury unless, even without weighing the credibility of evidence presented, there can be only one conclusion as to the proper judgment. The question as to negligence shall be left to the jury, unless in indisputable cases. The standard of review for a motion of judgment notwithstanding the verdict requires that the court weigh the evidence i n the most favorable manner to the non-moving party, giving the party all the benefit for all favorable inferences that may be made. Oates V. Mulji Motor Inn, Inc. The brief facts of this case are that a school tennis team registered to stay overnight at the appellee’s motel. At about 9pm, the team decided to go swimming at the motel’s pool. While swimming, a 17 year old Jarvis Coates drowned while swimming in the defendant’s motel pool. Coates parents commenced an action against the motel and the coach alleging that their negligence led to the death of Jarvis. At the time of the drowning, the pool did not have overhead lights, or a safety rope separating the deep from the shallow end. Although there was an underwater light