For one to win a case of negligence he/she should prove that the company or the person sue had the responsibility of preventing the harm from occurring (Levine, Vetri, Vogel,&Gassama, 2016). One of the elements that the plaintiff has to prove is duty of care from the defendant. In the case of Kelly, the Fort Worth had the responsibility of maintaining safety. They failed to do so since the banana peel seemed to have been in the concourse for some time as it had already turned which proves breach of duty(Owen, 2007). The Third element that Kelly will have to prove is cause which is easy to prove in this case since the breach of duty was the cause of the injury. Finally, Kelly will have to prove harm in order to receive compensation for the claim. Since she suffered severe head caused by slip and fall she is entitled to compensation upon prove of other elements of negligence.

The brown banana peel is very significant in determination of whether the elements of negligence are met. First, the airport is responsible for ensuring that the entire environment is safe. Since the banana peel had turned it can be argued that they had failed to ensure that the concourse was clean. The color of the peel can be used to argue in court that the airport had not cleaned the concourse for some time. They had breached their duty because had they found it when cleaning Kelly could not have been harmed.

Kelly will win the case because all the elements of negligence can be proved. Although, she was late and was running so as to catch the flight, the airport had the duty of maintaining safety but thy failed to do so. This resulted to severe injury on the head which means that upon suing the airport and proving that they failed in their mandate Kelly should be compensated. The cause of the injury was the banana peel so Kelly will win the case against Fort Worth Airport.

References

Levine, L. C., Vetri, D., Vogel, J., &Gassama, I. J. (2016). Tort Law and Practice.

Owen, D. (2007). The Five Elements of Negligence. Retrieved from https://scholarlycommons.law.hofstra.edu/cgi/viewcontent.cgi?article=2282&context=hlr

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