Running head: CARDWARE Lawsuit
The Wrinkle at a CARDWARE function
RE: Negligence Requirements and Potential Defenses to Myra’s Claim
The incident in question occurred at a fashion show being held at the Easton Hotel. This fashion show included celebrities, current and future fashion industry personnel. The show had gone through many models walking down the runway before Candie Cardigan walk through. As Candie Cardigan walk to the end of the runway a small wrinkle caught Candie’s shoe and she ended up falling on to a row of judges. A judge named Myra who is also a world-renowned model suffers a broken nose and a cut to her face due to Candie’s shoe. Myra wants to bring a lawsuit against Candie and her company CARDWARE for the incident and the damage that she has received.
For Myra to prove negligence she will have to show that CARDWARE and Candie committed failure to take proper care in doing something. She would have to state a violation of a duty of care that Candie/CARDWARE fail to provide. Myra would also need an actual causal connection between Candie’s/CARDWARE conduct and the harm that resulted. Myra would have to prove if the harm or accident that happen was foreseeable. However, Myra can prove the resulting damages she had occurred due to the incident that happen that day. There would be a need to prove the four elements of negligence (FindLaw, n.d.). Did Candie owe a legal duty to Myra under the circumstance of being a model at a fashion show. Did Candie breach a legal obligation to act a certain way or fail to act a certain way? Under the Causation element Candie actions by fall did cause Myra injuries, but it was through no fault of her own. And the last element Myra was harmed and injured as a result of Candie’s fall, but again it was no fault of Candie.
With all that being said CARDWARE and Candie different defense options that they can use if this goes to court. The first being that CARDWARE was not in charge of the fashion show and did not put on the show, they as many other businesses were just an individual participant. If Easton Hotel put on the show, it was their property and their runway that had the flaw in the carpet, therefore the liability and negligence would fall on the property owner (LaMance, 2019). There is also being a former model and a current judge an assumption of the risk that Myra would take on herself by entering into the fashion show. Now Candie can sue the property owner and/or the people that ran the fashion show on the case of liability claim because it was the property owner negligence that caused Candie to trip and fall by not having the carpet nice and tight (LaMance, 2019).
In conclusion, it might be more helpful for Myra’s case if she and Candie Cardigan sued the Easton Hotel or the business that put on the fashion show together. Since CARDWARE did not put on the fashion show and they were not responsible for the floor of the runway, they cannot be held negligence. Since Candie was only acting as a model and she did not trip on purpose or the situation was not foreseen, she cannot be sued for negligence. Myra as a previous model and a current judge knew the risk of sitting close to the runway, and that there are possibilities of models failing or accidents happening, she would then take on the assumption of risk and thus unable recovery for damages she had incurred by suing CARDWARE and Candie Cardigan (Injury Claim Coach, 2016).
FindLaw. (n.d.). What are the Elements of Negligence? Retrieved December 2, 2019, from https://injury.findlaw.com/accident-injury-law/proving-fault-what-is-negligence.html.
Injury Claim Coach. (2016, January 16). Slip and Falls and Other Premises Liability Claims: How to Get Fair Compensation. Retrieved December 2, 2019, from https://www.injuryclaimcoach.com/slip-and-fall-accident.html.
LaMance, K. (2019, January 18). Defenses to Negligence Legal Claims. Retrieved December 2, 2019, from https://www.legalmatch.com/law-library/article/defenses-to-negligence.html.