Negligence Claim For Injury
Summary
Maxs parents may have a negligence claim against Hobsworth and Madge for inadequate supervision and safety measures at the amusement park. Proving duty of care involves showing Hobsworths responsibility for safety and Madges duty to monitor. Johnnys liability is complex due to his age. Consult a local lawyer for specific advice.Full Conversation
how can I prove duty of care
To prove duty of care, you need to establish the following elements:
*. **Existence of Duty**:
- Show that Hobsworth had a responsibility to ensure the safety of children using their facilities.
- Demonstrate that Madge, as a supervising adult, had a duty to monitor the boys closely.
*. **Breach of Duty**:
- Provide evidence that Hobsworth failed to provide clear rules and safer equipment.
- Show that Madge did not adequately supervise the boys.
*. **Causation**:
- Link the injury directly to the lack of adequate supervision and safety measures.
*. **Damages**:
- Prove that the injury resulted in compensable damages, such as Max's permanent vision loss.
Would you like information on local legal assistance services in Hobart to help you further?
can Johnny be a possible defendant
In Tasmania, the capacity of a child to be sued or held liable depends on their ability to understand the consequences of their actions. Given Johnny's age (*), this can be complex. It's more likely that Hobsworth and Madge would be the primary defendants.
Would you like information on local legal assistance services in Hobart to discuss this further?