Business Law You are the owner and operator of a restaurant that stays open 24 h
ID: 329419 • Letter: B
Question
Business Law
You are the owner and operator of a restaurant that stays open 24 hours a day. On Friday night, a group of teenage patrons entered your restaurant, dined and were disorderly in their conduct towards other patrons. Your employee, Shelly, the manager, kindly asked the group of teenage patrons to leave. One teenager, Ashanti, responded with profanities to Shelly telling her that she was not leaving and threatened to “kick her ass.” Shelly, responded, “I wish you would,” at which time, Ashanti physically attacked Shelly by punching her repeatedly. Ashanti defended herself and got Shelly off of her and then proceeded to strike Ashanti repeatedly causing Ashanti to fall back and hit her head awkwardly on the ground, causing Ashanti to become paralyzed from the waist down. Ashanti files a lawsuit against Shelly and your company. What are the legal theories of the lawsuit and what will be the result?
Explanation / Answer
In this is specific case, shelley has a very strong point of defend in an attacking situation. As shelly does not use any of the language not she started attacking the patron. She should have no penalties or punishments for paralysis of ashanthi as what she did was done for defending herself from an attacking customer. If shelly should have waited for the security to come, ashanthi must have done more damages as she is already attacking the manager.
Industry specific situation manager reacted to defend herself and does not intentionally hit Ashanti so she could be paralyzed. Does a specific situation was totally based on consequences which were created by the customer no by the manager who was defending her self.
By looking at the above factors we can see that court should give the final verdict on the case in favour of the manager as she did not does anything to offend the customer but to defend herself.
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