This case is relevant to what I have studied. It gives me a reference of negligence showing how a business needs to protect people from harm from others while they are in the facility. It also shows that a business has a duty to care for how ones wrong doings owes the injured party. Then how the duty of obligation come into effect the pub had an obligations to make sure that harm was prevented if it was to possibly occur to any of their patrons . (Meiners pg.
Kelly wishes to sue the theatre for its failure to maintain the bathroom in a safe condition. On what theory or theories, if any, can Kelly recover from movie theatre? Discuss. ________________________________________________________________________ A. Kelly v. Movie Theatre Negligence Negligence requires a showing that a duty was owed, that the duty was breached, and that the breach was the actual and proximate cause of damages. Special Duty – Land Occupier - Invitee A special duty arises in circumstances involving a land occupier.
One should be able to do his or her job without fear of being bullied or harassed. If one feels uncomfortable with his or her situation at work they should have a place to go and someone to talk to with feeling threatened. Once the patient was pushed to the breaking point of possible suicide or presented a threat to others he should have been afforded the same confidential and privacy that all patients receive when being treated at a hospital or doctor’s office. One could argue that due to the mental state of the staff member/patient could warrant the need to review the medical records as a safety precaution. In this case, the supervisor should have approached Human Resources sooner and allowed them to make the decisions to breach the privacy and confidentiality.
Kelly wishes to sue the theatre for its failure to maintain the bathroom in a safe condition. On what theory or theories, if any, can Kelly recover from movie theatre? Discuss. ________________________________________________________________________ A. Kelly v. Movie Theatre Negligence Negligence requires a showing that a duty was owed, that the duty was breached, and that the breach was the actual and proximate cause of damages. Special Duty – Land Occupier - Invitee A special duty arises in circumstances involving a land occupier.
Explain the meaning of the term confidentiality Confidentiality refers to the need to handle personal and private information in ways that are appropriate, safe and professional and meet legal requirements. There are three main reasons why confidentiality is an important issue in a health and social care setting. Trust The relationships you build with service users and their families are central to your care role. If you share their personal information with others who have no need or right to know you risk breaking their trust in you. Individuals also need to know there are secure systems and procedures operating in the care setting to protect confidential information.
It may boil down to which attorney wins the heart of the judge, but according to the text it says “the outcome depends on the how the judge decides a reasonable person in the position of the defendant would act in the particular circumstances of the case” (Roger LeRoy Miller, 2010). We know that Mrs. Esposito suffered an injury as a result of the collision. We know that Mr. Davis was the cause of that collision. I think that Mr. Davis did breach his duty of care because “individuals are required to exercise a reasonable standard of care in their activities.” The Reasonable Person Standards the courts use state that “If the so-called reasonable person existed, he or she would be careful, conscientious, even tempered and honest” (Roger LeRoy Miller, 2010). In this case Mr. Davis was neither, careful or conscientious.
2.1 Explain the actions to take if there are suspicions that an individual is being abused. If there are suspicions of abuse firstly report it to your manager who will report it to social services and other relevant services. UNIT 205 2.2 Explain the actions to take if an individual alleges that they are being abused. If a person alleges abuse listen to them carefully and sympathetically tell them you need to report this to keep them safe. Even if the person has dementia the allegation must be taken seriously.
It is the responsibility of the healthcare worker to handle information appropriately; this applies to all information whether it is an opinion given verbally, social information, or financial or medical records. If this agreement would be broken then trust would be lost between service user and carer; additionally, it is likely to cause disciplinary action. 3) The refusal to accept any gifts or money from service users, their families or other carers, would be an agreed way of working. This would be to protect both employer and employee from any legal allegations concerning the gifts in the future; also, this protects the professionalism of both employer and employee and protects these boundaries. This would be an agreed way of working with both employer and service users.
Simply put, duty of care is considered on both parts. The general public is expected to behave reasonably. This means that people shouldn’t run down escalators. On the other hand, a business shouldn’t place an escalator where the exit bottlenecks pedestrian traffic and creates a potential hazard. The defendant must provide reasonable care to the plaintiff if a transaction occurs between the parties (Mallor, Barnes, Bowers, & Langvardt, 2010).
It took believing in the staff's duties to serve the guests that ultimately led them to protect the guests. ¡ This could only be passed on by staff that has been praised for their examples, that could act as role models of the desired behavior towards the client 2. Could this employee response have occurred at another hotel in Mumbai; in another hospitality industry setting; or in an organization you have worked in? Well, the response could have happened anywhere in the hospitality industry as long as the proper values had been communicated AND practiced! 3.