Answer to Question #101256 in Australian Law for komalpreet kaur

Question

Jim, Kit and Erik are out and about having fun in Melbourne. They stop by a café and Jim goes to
the counter to buy some drinks. He finds some fancy bottles of soft drink he hasn’t seen before.
He buys three. The friends are having a lively conversation as they drink their drinks. All of a
sudden Kit starts coughing and spluttering. He then goes purple in the face. He is clearly choking.
Erik, a trainee nurse, grabs Kit around the middle and pushes his clenched fist just under Kit’s
chest. Kit coughs up a small plastic ball. This was part of the bottle top and has come loose. Kit
starts crying and is comforted by Jim. Kit is very distressed as he realises what might have
happened if Erik had not been there and had not had the necessary training. Kit has since been
diagnosed with clinical depression and has not been yet been able to resume his University
studies.
Required: Does Kit have an arguable case in tort law? Who would he sue? On what
grounds?

Answer 1

Yes. Kit has an arguable case in tort law.

Tort results when an entity or individual inflicts injury on another whereby the injured party can sue for the damages caused. As a result of negligence by the manufacturing company, Kit has been diagnosed with clinical depression. As the plaintiff, he has a legal right to seek compensation from the defendant for the damages caused to his health and well-being. This tort falls under the category of negligence which results when an entity (manufacturing company) fails to provide its duties as required to other people (consumers).