The parties that are involved in the case that is being looked at are Christy, Gorgeous Shape & Fitness Centre (GSFC) and Elmo, who is an employee of GSFC. Christy would like to know about her cause of action under the Tort of Negligence and the relevant party/ies to sue regarding her sprained right arm and head concussion due to the falls that occurred while at the premise of GSFC as it resulted to her being hospitalized for a week. There are two issues from the case that needs to be looked at and dealt with in order to advise Christy on what legal actions she should take and how GSFC and Elmo may also counter back. The first issue being if she can sue GSFC for negligence regarding her fall when she had tried to use an equipment in the gym on her own but did not know that the seat was loose as it was not fastened properly causing it to fall off and result in Christy spraining her right arm.…show more content… Due to the wet floor that was recently mopped by Elmo, Christy slipped and fell which resulted in her having a head concussion and being hospitalized for a week. With all that said, Christy has to be sure that the two parties, GSFC and Elmo owed her a duty of care. Based on the rule that was given by Lord Atkin in Donoghue v Stevenson (1932), one must take reasonable care to avoid acts or omissions which can be reasonably foreseen to cause harm or injury to one’s neighbor. (Lee and Detta, 2014) The neighbor in the situation being anyone closely or directly affected by the acts or omissions done. (Lee and Detta,
