Rockhead's Gym Case Study

In order to judge the liability of “Rockhead’s Gym” and punish it financially, we need to go through a few steps.
Step 1: The duty of care owned
The foreseeability of plaintiff could be reasonably injured by the defendant’s actions need to be considered in this step. We can also ask that, was the risk of loss is known by the defendant? For this scenario, the defendant is the “Rock head’s Gym”. It is a fitness company, which only has one employee to maintain all the equipment. Tina is that employee and she rarely completed routine maintenance on the machines. The result is easy to foresee; it will damage the user when someone is using it. The careless of maintaining equipment will largely decrease its usage and become more fragile. This result …show more content…
In this case, if Tina did not being lazy and finish her routine work perfectly, the plaintiff will not get injured by the equipment. The loss of plaintiff is not caused by himself, he was just doing what he should do. By using the but-for test, it is easy to conclude that defendant did cause the loss of plaintiff. The remoteness of the plaintiff’s loss also need to be consider. Without maintenance, any equipment in the gym will easily broken and damage its user. Fell off from a bike injured plaintiff’s shoulder and upper back is not remote, anyone could fall like that. A soft tissue injury also seems to be very reasonable. For the unconscious of plaintiff, it largely because of Jim was hitting the ground with his upper part of body. The upper part of body is very weak and easy to get injured, especially the back. The probability is pretty high when a human’s upper back heavily crushed on the floor and ending up with an unconscious. In conclusion, the defendant needs to be punished financially, because defendant did cause the harm. The result of defendant’s action is reasonable and foreseeable, which is not remote at