Red a solider survives six tours of duty in Europe during Wo

Red, a solider, survives six tours of duty in Europe during World War II, and is awarded the Purple heart for bavery. After the war, he returns, victorious, to the states. During the V-E Day celebrations, he is on the sidewalk in front of Booby Hotel, when an armchair falls on his head from an upper story windows. He sues the hotel for negligence. Will res ipsa loquitur be applicable? Please answer and explain how the legal theory applies.

Solution

Yes, in this case res ipsa loquitur is applicable because all the elements of res ipsa loquitur occured:

The event doesn\'t normally occur unless someone has acted negligently. For our case, some one must had been moving the armchair with a window open , it is the only reason why it would fall into Red´s head

The evidence rules out the possibility that the actions of the plaintiff or a third party caused the injury. No one else but the hospital´s staff has access to move armchairs.

and The type of negligence in question falls with the scope of the defendant\'s duty to the plaintiff. Because Red served on world war II 6 times then he also owe a duty of care to protect the plaintiff from the type of injury at issue in the suit.