Answer all of the essay questions in the blue book. Clearly identify the legal i

Question

Answer all of the essay questions in the blue book. Clearly identify the legal issues, apply the rules of law, and decide why you as “judge for a day” are deciding the case the way you are. Use details. Be specific.

The Oklahoma State Board of Cosmetology inspected the equipment of Poteau Beauty College and found it to be in satisfactory condition. A month later, Marilyn Sue Weldon, a student at Poteau, was injured when a salon chair failed to work properly. Weldon had washed the hair of a woman with the chair in a reclining position. The chair did not spring back, and due to a previous injury, the client had to be helped into an upright position. The chair was close to a manicure table, and in maneuvering around the table, Weldon twisted her back. Weldon filed a suit in Oklahoma Federal District court against Poteau and others, claiming that the college was negligent. Decide who should win and why.

Explanation / Answer

Before we decide who should win, we need to understand the basis for case. The suit file by Weldon against Poteau Beauty College is on the basis of negligence. In order to win the case, the plaintiff must prove that there has been negligence by omission of basic care.

Now, according to Occupational Safety and Health act, every employer is liable to provide hazard free and healthy work environment. The fact here is that the reclining chair was not working and maneuvering with the manicure table around was difficult. The question is, was this hazard communicated to Weldon? Most likely it was not.

Having said that we need to look at the four key component of negligence

Decision: Weldon will win the case of negligence from Poteau Beauty College.

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