Chung Properties is building a new hotel in Wan Chai. The construction site has a fence but it was broken and the firm’s site supervisor did not post any warning sign. On a weekend, Emily, aged 15, and her friends got through the broken fence and played in the construction site. Emily accidentally tripped and fell from the scaffolding. She sustained severe multiple injuries. Emily’s parents hire a lawyer and sue Chung Properties. a. Did Chung Properties have an absolute liability in Emily’s injury? Explain. b. Based on the elements of a negligent act, discuss what Emily’s lawyer must establish in order to win the case of negligence against Chung Properties. c. Do you believe that Emily has a case?

A

a. Law Encyclopedia states that “Absolute Liability is sometimes called Strict Liability and is one kind of legal responsibility which is for damages, or injury, even if the person found strictly liable was not at fault or negligent. In addition, for reasons of public policy, certain activities may be conducted only if the person conducting them is willing to insure others against the harm that results from the activities create”. Where the actions of a person or a business enterprise are supposed opposing to public policy, Absolute Liability is imposed, and sometimes where the actions are not intentional or negligent, Absolute liability is imposed. For example, in manufactured goods liability, manufacturers and retailers have been held strictly liable for products that have caused injuries and have been shown to be defective, even though the manufacturer or retailer was not proven to be at fault or negligent.

In case of that situation, at the time of building a new hotel, Emily came through the broken fence, which was not noticed in the construction site and was injured. This study thinks Chung Properties had an absolute liability in Emily’s injury because the construction site had a fence that was broken, and the site supervisor did not take any notice about it that here the construction of the new hotel is going on and the fence is broken in the construction site. That’s why Chung Properties was liable for Emily’s injury.

b. The elements of the negligent act are:

  • duty of care;
  • breach of duty;
  • factual causation;
  • legal causation; and
  • damage.

In the given situation, Chung Properties and its site Supervisor had a duty to hang a notice about the activities happening in the construction site and the condition of the fence and had a duty to post or hang any warning sign about the fence’s condition. But the Chung Properties and firm’s site supervisor did not complete its duties that mean it breached its duties. Because of it, Emily and her friends could get through the broken fence, and Emily sustained severe multiple injuries.

Hence Emily’s Lawyer must establish the duty of care and the breach of duty of the firm and firm’s site supervisor in order to win the case of negligence against Chung Properties.

c. This study believes that Emily has a case because Emily injures for Chung Properties and the firm’s site supervisor negligence about their duties.

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Academic.Tips. (2021) 'Chung Properties is building a new hotel in Wan Chai. The construction site has a fence but it was broken and the firm’s site supervisor did not post any warning sign. On a weekend, Emily, aged 15, and her friends got through the broken fence and played in the construction site. Emily accidentally tripped and fell from the scaffolding. She sustained severe multiple injuries. Emily’s parents hire a lawyer and sue Chung Properties. a. Did Chung Properties have an absolute liability in Emily’s injury? Explain. b. Based on the elements of a negligent act, discuss what Emily’s lawyer must establish in order to win the case of negligence against Chung Properties. c. Do you believe that Emily has a case'. 8 October.

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Academic.Tips. (2021, October 8). Chung Properties is building a new hotel in Wan Chai. The construction site has a fence but it was broken and the firm’s site supervisor did not post any warning sign. On a weekend, Emily, aged 15, and her friends got through the broken fence and played in the construction site. Emily accidentally tripped and fell from the scaffolding. She sustained severe multiple injuries. Emily’s parents hire a lawyer and sue Chung Properties. a. Did Chung Properties have an absolute liability in Emily’s injury? Explain. b. Based on the elements of a negligent act, discuss what Emily’s lawyer must establish in order to win the case of negligence against Chung Properties. c. Do you believe that Emily has a case? Retrieved from https://academic.tips/question/chung-properties-is-building-a-new-hotel-in-wan-chai-the-construction-site-has-a-fence-but-it-was-broken-and-the-firms-site-supervisor-did-not-post-any-warning-sign-on-a-weekend-emily-age/

References

Academic.Tips. 2021. "Chung Properties is building a new hotel in Wan Chai. The construction site has a fence but it was broken and the firm’s site supervisor did not post any warning sign. On a weekend, Emily, aged 15, and her friends got through the broken fence and played in the construction site. Emily accidentally tripped and fell from the scaffolding. She sustained severe multiple injuries. Emily’s parents hire a lawyer and sue Chung Properties. a. Did Chung Properties have an absolute liability in Emily’s injury? Explain. b. Based on the elements of a negligent act, discuss what Emily’s lawyer must establish in order to win the case of negligence against Chung Properties. c. Do you believe that Emily has a case?" October 8, 2021. https://academic.tips/question/chung-properties-is-building-a-new-hotel-in-wan-chai-the-construction-site-has-a-fence-but-it-was-broken-and-the-firms-site-supervisor-did-not-post-any-warning-sign-on-a-weekend-emily-age/.

1. Academic.Tips. "Chung Properties is building a new hotel in Wan Chai. The construction site has a fence but it was broken and the firm’s site supervisor did not post any warning sign. On a weekend, Emily, aged 15, and her friends got through the broken fence and played in the construction site. Emily accidentally tripped and fell from the scaffolding. She sustained severe multiple injuries. Emily’s parents hire a lawyer and sue Chung Properties. a. Did Chung Properties have an absolute liability in Emily’s injury? Explain. b. Based on the elements of a negligent act, discuss what Emily’s lawyer must establish in order to win the case of negligence against Chung Properties. c. Do you believe that Emily has a case?" October 8, 2021. https://academic.tips/question/chung-properties-is-building-a-new-hotel-in-wan-chai-the-construction-site-has-a-fence-but-it-was-broken-and-the-firms-site-supervisor-did-not-post-any-warning-sign-on-a-weekend-emily-age/.


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Academic.Tips. "Chung Properties is building a new hotel in Wan Chai. The construction site has a fence but it was broken and the firm’s site supervisor did not post any warning sign. On a weekend, Emily, aged 15, and her friends got through the broken fence and played in the construction site. Emily accidentally tripped and fell from the scaffolding. She sustained severe multiple injuries. Emily’s parents hire a lawyer and sue Chung Properties. a. Did Chung Properties have an absolute liability in Emily’s injury? Explain. b. Based on the elements of a negligent act, discuss what Emily’s lawyer must establish in order to win the case of negligence against Chung Properties. c. Do you believe that Emily has a case?" October 8, 2021. https://academic.tips/question/chung-properties-is-building-a-new-hotel-in-wan-chai-the-construction-site-has-a-fence-but-it-was-broken-and-the-firms-site-supervisor-did-not-post-any-warning-sign-on-a-weekend-emily-age/.

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"Chung Properties is building a new hotel in Wan Chai. The construction site has a fence but it was broken and the firm’s site supervisor did not post any warning sign. On a weekend, Emily, aged 15, and her friends got through the broken fence and played in the construction site. Emily accidentally tripped and fell from the scaffolding. She sustained severe multiple injuries. Emily’s parents hire a lawyer and sue Chung Properties. a. Did Chung Properties have an absolute liability in Emily’s injury? Explain. b. Based on the elements of a negligent act, discuss what Emily’s lawyer must establish in order to win the case of negligence against Chung Properties. c. Do you believe that Emily has a case?" Academic.Tips, 8 Oct. 2021, academic.tips/question/chung-properties-is-building-a-new-hotel-in-wan-chai-the-construction-site-has-a-fence-but-it-was-broken-and-the-firms-site-supervisor-did-not-post-any-warning-sign-on-a-weekend-emily-age/.

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