Hypothetical Dog Attack Case in Business Law

Hypothetical Dog Attack Case in Business Law
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Negligence is one of the most common causes of claims for damages when an accident leading to injury happens to another person. This right to relief by the aggrieved person arises from the principle in law, that states that everyone should exercise due diligence in performing their everyday task. Going back to the case at hand, a cursory reading of the events would create a prima facie case that shows that Tyler Sports Bar and Grill (TSBG) is liable since he is the owner of the dog (Wentz) and the bar where it belongs. However, a closer analysis of the events would show that the client’s liability should be reduced based from the doctrine of contributory negligence.
Negligence
Both the law and jurisprudence would show that negligence has four main elements, to wit; (1) an owed duty, (2) a breach of such, (3) an act of negligence being the proximate cause of the harm, and (4) a damage sustained by an aggrieved party CITATION Placeholder4 \l 1033 (Cornell.edu, n.d.). Accordingly, all of these four are present in the case. It could be seen that TSBG owes the duty to keep Wentz in an optimal and safe condition in order to protect the persons of the customers. In fact, this consideration should have been one of their priorities since even domesticated animals could cause harm in certain situations. However, TSBG failed to perform this duty, thereby becoming the proximate cause of Ira Roseman’s ‘burns’ and ‘bite injuries’. Accordingly, the very fact that TSBG owns Wentz created a vinculum juris between the Bar and Roseman when the latter caused burn injuries and bit the victim. Ultimately, this made the bar strictly liable to Roseman...