Hello Ms. Sandra. It's Carla. I've come to take care of you.
Oh, hello dear. so nice to see you.
Hello.....
I will be the prosecution, your honour.
And I will be representing Ms. Carla today, your honour.
Ms. Sandra is a senior citizen who has a PSW named Carla. Carla comes to care for Ms. Sandra everyday. She had a duty to care for Ms. Sandra, but today, the series of events would be different.
Your honour, Ms. Sandra was in the care of Ms. Carla, and thus she had a duty to properly care for Ms. Sandra. As a trained PSW, she also owed Ms. Sandra the standard of care expected from a PSW. Through her careless act, she did not pay attention to Ms. Sandra's Act, which caused her harm.
Why was I so careless?
While preparing Ms. Sandra' s food, Carla is disturbed by a phone call she got. While she goes to answer her phone, Ms. Sandra tries to get up and get her food. Ms. Sandra falls and breaks her hand. This ends up becoming a big case with Ms. Sandra against the PSW company.
Through both cases, it is clear that the duty of care and standard of care was not properly administered, due to an intervening act represented by the phone call.
At the hearing, the prosecution and the defense both presented their cases. They both fully narrated the events of that day, including how Ms. Sandra fell while in the care of Carla.
I find Ms. Carla at fault for Ms. Sandra's injury, due to negligence.
The prosecution argued that Carla owed Ms. Sandra duty of care and a standard of care, both of which she did not properly do at that time. By attending her phone, she committed an act that she wasn't supposed to do during work, and could be considered an intervening act. This negligent series of actions led to Ms. Sandra's injury, therefore she is held accountable and is at fault.
The judge agrees that Carla's negligent act through the phone call ultimately resulted in Ms. Sandra falling while unattended. Although Ms. Sandra is a senior and more prone to injury, she mainly fell because she was not monitored by Carla.
The judge decided that Carla was at fault for the injuries faced by Ms. Sandra since it was her duty to care for Ms. Sandra and ensure that Ms. Sandra was not in harm's way.