IRAC for Negligence.docx - Constanza v Rafael Negligence Duty of Care Breach of Duty | IRAC Lee Scenario Rafael is the landlord and maintenance manager

IRAC for Negligence.docx - Constanza v Rafael Negligence...

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Constanza v. Rafael – Negligence . Duty of Care . Breach of Duty | IRAC . Lee Scenario Rafael is the landlord and maintenance manager for a 30-unit apartment complex. During his regular weekly walk-around inspection, he noticed the second floor staircase light is a little too dim compared to his last week inspection. Rafael did not have his ladder equipment or spare light bulbs with him, so he wrote down the needed repair on his notepad. Since he received no complaints so far from the tenants concerning this staircase lighting, he decided to schedule the staircase light bulb replacement for next week. Constanza is one of the apartment residents, she came back home late the following evening, was fumbling through her purse for the apartment key, and accidentally slipped on the staircase with the dim light. Issue : whether or not Rafael had a duty to reasonable care to the plaintiff, whether or not Raphael breached this duty of care, whether or not the consequences of the defendant’s actions were the actual and proximate cause of plaintiff’s injury, and whether or not there were any intervening or superceding causes to break the causal link. Rule : The First element of negligence is whether or not there was a duty to reasonable care, this is determined by a reasonable person standard and whether they had a special duty to care. The second element is whether there was breach of that duty, a breach is defined by five sub elements that we will cover in our application. The Third element is whether or not the defendants action were the actual and proximate cause of the plaintiff’s injuries, and whether or not there was an intervening/superceding cause that may have broken causal link.

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