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Ms. Figueroa sues North Park
Student’s Name
Institutional Affiliation
Course
Instructor’s Name
Date
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In this case, the victim should be treated like a licensee. It's vital to note that the childcare
center stated in the case doesn't legally own the parking lot. However, it is vital to note that the
owners have been given authorization. Essentially, this means that the parking lot can be
accessed by parents, whereby they can use it when they attend the childcare center. What this
means is that a duty of care tends to apply. In a duty-of-care scenario, a particular organization is
responsible for the health and safety of people (Emerald Works Limited, 2022). A particular
team at work should be protected against all the hazards they might face while working. In this
case, the owners of the premise should ensure that all visiting people are protected agist any
danger that might come their way. It's vital to note that for a plaintiff to win the case, there must
be proof that harm was foreseen.
In this case, North Park has off-duty police officers. Their main responsibility is to ensure
that everybody who is on these premises is protected. Although an incident such as the one stated
in the case has never been recorded, the institution is aware that security issues might occur;
hence, it is important to ensure that people are offered the necessary protection. On the other
hand, some minor crimes had occurred been recorded on the Campus; this means that the
institution is aware that people might be predisposed to some form of danger. In this case, Ms.
Figueroa's case of suing the institution due to negligence is reasonable. Adequate security should
have been provided at the parking lot. Essentially, the parking lot has many visitors. The security
personnel should be vigilant and ensure that anybody accessing the institution or its facilities is
verified. Essentially, the theory that the plaintiff can employ to win the case is the Duty of Care
Theory.
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References
Emerald Works Limited. (2022). What Is a Duty of
Care? https://www.mindtools.com/apqgihs/what-is-a-duty-of-care
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