Friday, October 10, 2014

LS Ayres v. Hicks case brief summary


LS Ayres v. Hicks case brief summary

F: In D’s store, P fell and got his fingers caught in escalator. D unreasonably delayed stopping the escalator, and as a result of which P’s injuries were aggravated.
1. boy is not originally injured as a result of negligence.
2. store was negligent after the injury (duty to rescue case) 


I: In situation where one is invitee and his injury resulted from the use of an instrumentality under the control of invitor, whether there is a legal duty to take affirmative steps to rescue a helpless person even though the injury was caused by the negligence
of the invitee, or that of a third person and without any fault on the part of the invitor.


R: In situation where one is i) invitee and his injury resulted from ii) the use of an instrumentality under the control of invitor, there is a legal duty to take affirmative steps to rescue a helpless person even though the injury was caused by the negligence of the invitee, or that of a third person and without any fault on the part of the invitor, and failure to do it causes invitor to be liable for negligence. 


1. Invitor-invitee relationship
2. Master-servant relationship
3. control of instrumentality that injures

-> there is duty to help

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