Tommy v. Michael
Negligence
Negligence requires a showing that a duty was owed from the defendant to the plaintiff, that duty was breached, and that the breach was the actual and proximate cause of the plaintiff’s damages.

Special Duty – Land Occupier-Invitee A special duty arises in circumstances involving a land occupier. An invitee is one who enters another’s land with the owner’s permission for the purpose related to the activity. The landowner owes the invitee a duty of care to inspect and discover any dangerous conditions and to make the premises safe.

Michael owns an amusement park and property that his home is on; therefore, Michael is the land occupier. Tommy, a 10-year-old boy, was invited onto Michaels property and amusement …show more content…
Plaintiff would not have been injured.

“But for” Michael failing to secure the premises leading to the amusement park, Tommy would not have entered the amusement park, stood on a ride and fell, injuring his head.

Thus, Michael was the actual cause of Tommy’s injuries

Proximate Cause

A defendant’s negligent act is the proximate cause of plaintiff’s injuries and damages if the manner and result of the defendant’s acts are foreseeable.

It is foreseeable that when Michael left the gate unlocked a child could trespass, resulting in him playing on rides unattended and unsupervised and being severely injured. As a result, Tommy entered the amusement park, stood on a ride and fell, causing a large laceration to his head.
Therefore, Michael is the proximate cause of Tommy’s injuries.

General Damages

General damages are damages that reasonably or naturally flow from the tort and do not need to be specifically plead.
Due to Michaels, negligent actions allowing Tommy to access the rides and fall, Tommy suffered a laceration to his head. Tommy’s injuries reasonably flowed from Michaels tortious conduct. As such, Tommy suffered a physical injury, pain, and suffering.

Thus, Tommy is entitled to general