Introduction
Scenario
The Friendly Dawg, a pet supply store run by Dave Dawg, expanded from selling supplies to live animals despite the lease limiting the business to supplies only. Noise and safety issues, including an escaped snake, disrupted neighboring tenant Sunshine Yoga, whose owner Jasmine claimed health problems, loss of clients, and unsafe conditions. Dave withheld rent over air-conditioning disputes, while Jasmine stopped paying rent after the incident. Landlord Lou faces conflicts as The Friendly Dawg pays more but Sunshine Yoga complains frequently without a written lease.
Tort Law
Tort laws are a crucial part of the legal framework that remedies harm caused by wrongful acts and omissions. Normally, tort laws are employed when harm is caused intentionally, by negligence, or due to a lack of responsibility. In this case, Sunshine Yoga and other tenants residing in the building may have legal claims based on tort laws against both the Friendly Dawg and the landlord, Lou. The scenario has unfolded as a series of events affecting Sunshine Yoga’s well-being and business.
Tort laws entail principles governing civil wrongs and acts, liabilities, and compensations to the affected parties. The law is essential, especially in business, because it ensures accountability for harmful activities and encourages societal fairness. Therefore, analyzing this case and highlighting the relevant tort laws Sunshine Yoga can leverage to file a lawsuit against the Friendly Dawg and Landlord Lou in court is important.
Relevant Tort Laws
The snake’s escape from the Friendly Dawg to the Sunshine Yoga premises brings specific tort laws relevant to this case. The first tort law that is to be focused on is negligence. According to De Bruyne (2019), negligence is a fundamental tort law principle that occurs when one party fails to exercise reasonable care, resulting in harm. This tort law encompasses such elements as duty of care, breach of duty, causation, and damages.
The duty of care will determine the reasonable measures that the Friendly Dawg has taken to prevent the snake from escaping. Considering the live animals were not part of the initial contract, the Friendly Dawg breached its duty and caused harm to Jasmine, the owner of Sunshine Yoga. Moreover, the causative element is also seen as a breach of duty.
Following the snake’s escape, Jasmine was directly affected. The damages after the incident were significant, including a bad reputation, loss of customers, medical bills, and pain. Therefore, negligence is applicable in this case because it will help assess the Friendly Dawg’s liability for the snake’s escape.
Nuisance is also another tort law that can be applied in this case to address the harm that Jasmine encountered. According to Wagner (2021), nuisance refers to the unreasonable interference and disturbance with someone’s enjoyment of their property. As Wagner (2021) noted, nuisance is divided into private and public, and both can be used in cases where the Friendly Dawg activities disrupt Sunshine Yoga Studio.
A private nuisance is applicable since the snake’s escape interfered with Jasmine’s enjoyment of her rented space and business. The noises and birds’ parrots cause significant disturbances to Sunshine Yoga’s business and thus constitute a private nuisance. Considering that Sunshine Yoga is a studio and needs a cool and quiet place to enhance its activities, the noise affected the tranquility and serenity needed for the Yoga studio. As such, it is advised that Yoga seek damages to address the private nuisance caused to restore their normal working conditions.
On the other hand, public nuisance occurs when there is interference with the public use or enjoyment of a property. Besides not having a written lease, Jasmine verbally communicated with the late Lou, and they agreed that he would lend her the space for $300. Moreover, the two parties agreed that Jasmine would not be evicted from the space for life. Sunshine Yoga serves many clients in the area and thus is an enjoyable terminal for music lovers and recorders.
Therefore, the snake incident scared her customers, and she no longer has consistent consumers since the incident, as many consider her space infested with dangerous wild animals. As such, Jasmine has the right to claim that the noises and the live animals reared by the Friendly Dawg constitute a public nuisance for her customers.
Legal Claims
Sunshine Yoga may have legal claims against the Friendly Dawg and the landlord, Lou, based on the abovementioned tort laws. The first claim she might have against the Friendly Dawg is their negligence and failure to handle their live animals adequately. Being aware that they rear and sell live animals that pose potential harm to the residents, the Friendly Dawg should have put measures in place that would not allow unnecessary movement of snakes to the nearby businesses.
Therefore, they failed, and their ignorance and negligence led to the snake sneaking into Jasmine’s business, significantly harming it. Moreover, Sunshine Yoga could also argue that her landlord’s negligence in permitting the Friendly Dawg to expand its inventory without proper authorization led to her harm. This decision to just allow the Friendly Dawg to rear and sell dangerous live animals created an unsafe environment that caused Jasmine to lose her business. This claim would focus on elements that include the breach of duty, duty of care, causation, and damages.
The second legal claim that Sunshine Yoga could assert against both the Friendly Dawg and the landlord, Lou, is a nuisance. From the scenario given, it is evident that the Friendly Dawg’s activities affect Jasmine’s use of the leased property. Despite her claim of inconvenience, the landlord, Lou, does not take tangible action to address her concerns. As such, it can be argued that the landlord, Lou, knowingly allowed the Friendly Dawg’s activities to create a private nuisance that interfered with Jasmine’s business.
Conclusion
Using the Sunshine Yoga and the Friendly Dawg case has heightened tort law implications in business practices. In this essay, Tort laws such as negligence and nuisance are crucial in determining the level of liability and providing remedies for harm. As seen in this case, Sunshine Yoga could have legal claims against Landlord Lou and the Friendly Dawg, since all are liable for the disruptions and inconveniences that Jasmine’s business experienced.
References
De Bruyne, J. (2019). Tort law and the regulation of classification societies: Between public and private roles in the maritime industry. European Review of Private Law, 27(Issue 2), 429–450. Web.
Wagner, G. (2021). Tort law and human rights. Interdisciplinary Studies in Human Rights, 209–233. Web.