Tutorial work Essay Example | Topics and Well Written Essays - 1000 words

Tutorial work - Essay Example In the case of a hotel employee who suffers due to the facilities or as a result of the assault by another employee of the same hotel, the plaintiff is, therefore, justified to file a case accusing the hotel of negligence. This is because the law identifies the duty of care as a responsibility of organizations on their clients, customers and employees. In this case, the hotel should have protected the injured employee from harm by the virtue of being an employee in the organization (Stewart & Stuhmcke 2009, p. 260). For there to be negligence, there are four elements that must be present. First, there must be an identifiable duty of care that the defendant owed the plaintiff. For this case, there should be proof that the plaintiff at the time of the said harm was covered by the duty of care imposed on the organization. This means that the plaintiff, in this case of hotel injury, must have been within the hotel premises and an employee of the organization. If, for instance, the harm happened elsewhere or at this time the plaintiff had ceased to be an employee at the hotel, the duty will not be owed (Lanham 2006, p.123). The second condition is that this duty of care owed must be evidently breached. The breach must not be intentional, and unintentional negligence is also regarded as a tort. The third condition is that there must be harm or damage that is caused directly by the neglect. This however must be proved to ensure that there is a direct link between the alleged negligence and the harm. Harm resulting from anything else is not considered. The fourth consideration is if there are any defendants in the case (Bar & Drobnig 2004, p.24). In our case, the hotel patron is injured by the security personnel at the hotel. The hotel is bound by the law to protect or care for the employees and customers. This, therefore, means that the hotel owes the