Question

A guest in your restaurant leaves angry because his steak was incorrectly cooked. He has a wreck on the way home injuring himself and others, then threatens to sue the restaurant. What necessary element is probably missing in this case to substantiate negligence?

a) third-party liability
b) substantial inquiries
c) duty of care
d) assumption of risk
e) proximate cause

Answer 1

The necessary element that is probably missing in this case to substantiate negligence is duty of care.

Step-by-step explanation:

The necessary element that is probably missing in this case to substantiate negligence is duty of care.

In order to establish negligence, a plaintiff must prove that the defendant owed a duty of care to the plaintiff. Duty of care is the legal obligation to act reasonably so as to avoid causing harm to others. In this case, the restaurant has a duty of care to its guests to ensure that their food is cooked properly and safely.

If the steak was incorrectly cooked and caused harm to the guest, it may be argued that the restaurant breached its duty of care and therefore may be held liable for the guest's injuries. However, the fact that the guest had a car wreck on the way home and injured himself and others would be considered a proximate cause of the injuries, rather than a necessary element to substantiate negligence.