Negligence Claim Amusement Park
Summary
Maxs parents may have a negligence claim against Hobsworth Water Trust and Johnnys mother. Hobsworth may have breached its duty of care by not providing adequate safety measures and supervision. Madge may also be liable for not closely supervising the children. Johnny, being 10, might be held liable depending on his understanding of his actions consequences. Maxs parents should gather evidence, consult a lawyer, send a formal demand letter, and file a claim if necessary.Full Conversation
yes, also is Johnny a potential defendant?
In Tasmania, a child under the age of * is generally considered incapable of being legally responsible for their actions under the principle of doli incapax. This means Johnny is unlikely to be held liable.
Would you like more details on how to proceed with initiating a negligence claim against Hobsworth or Madge?
as Johnny is *, does that change things
Johnny's age is significant. In Tasmania, the principle of **doli incapax** generally applies to children under *. Since Johnny is exactly *, he might be held liable, but it would depend on his understanding of his actions' consequences.
Would you like more specific information on the process of initiating claims against Hobsworth or Madge?
yes please
Certainly. Here's how Max’s parents can proceed with initiating claims in negligence against Hobsworth and Madge:
Steps to Initiate a Negligence Claim
*. **Gather Evidence**:
- Medical reports about Max's injury.
- Witness statements from the event.
- Documentation of the risk assessment and changes made by Hobsworth post-incident.
*. **Consult a Lawyer**:
- Seek legal advice from a lawyer specializing in personal injury or negligence cases.
*. **Send a Formal Demand Letter**:
- Outline the facts, the damages suffered, and the compensation sought.
*. **File a Claim**:
- If no settlement is reached, file a claim in the appropriate court.
~Hobart Magistrates Court
Phone: (*) * *
Address: *-* Liverpool Street, Hobart, TAS *
Website: www.magistratescourt.tas.gov.au
Would you like more detailed guidance on any specific step?
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