Torts Assignment2 Essay example

Submitted By elifink
Words: 389
Pages: 2

In analyzing the case that Alan is bringing against Chicago’s O’Hare airport for negligence, Alan, as the plaintiff, would have to prove a number of elements against the defendant, the airport. The elements that have to be proven are duty of care, breach of that duty, causation and damages. It seems reasonable that the defendant would have a duty to provide the airline passengers that are using the terminal to a safe environment for which to travel. It would be hard to prove that the banana peel came from the airport but it would be reasonable to expect that the airport would make a good effort to periodically inspect the floors of its terminals to make sure that it is free of anything that might cause an accident. The fact that the banana peel was brown would seem to indicate that it was there for a long time. Unless the person was eating a rotten banana, the peel was probably yellow at the time that it was dropped. I think it would be reasonable to assume that with a proper cleaning or inspection of the terminal hallways the defendant should have seen and cleaned up the potentially damaging peel. In addition, the plaintiff will have to prove causation. Since the plaintiff was running, “as fast as possible” it would appear that his behavior might have contributed to the fall and the damages. I would say that the fact that the plaintiff was running would require even more care on the part of the defendant. It is reasonable to assume in an airport where planes run