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Torts negligence questions
Classification of negligence
Torts negligence questions
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First Situation: Dispute Handling My evaluation of the first situation led me to believe that the best alternative when it comes to dealing with the situation is by using litigation. I reviewed every aspect of this case from the perspective of the produce manager who was giving a report of the situation and it appeared that the man and his wife wanted to falsely claim that it was a slip and fall instance. When the produce manager came to the scene, the woman’s husband started to threaten the manager claiming that he will sue the establishment and even dropped the word ‘NEWSNOW’, which is a feared term. When everything is taken into consideration, there is no proof that the situation was a ‘slip and fall’ incident and their allegations were …show more content…
and that the final verdict would not be in favor of the couple. In my capacity as produce manager, I would have attempted to resolve the conflict in a method that does not include legal recourse. However, this would have most likely involved a substantial monetary settlement by the firm so that the couple cannot bring charges against the company. Even though this method is peaceful and would have made the company avoid a public lawsuit since it would have been done behind closed doors, it could have also led to the problem coming up in the future. If the problem did arise in the future again, the company would have to spend more money and effort in its …show more content…
Under the first situation the criteria set above has not been complied or met to actually justify the company’s wrong doing and the reason given for the lady tripping i.e. the banana peel identified as yellow in color having been cross examined does not give enough time to prove between when it was actually dropped in the floor/ground either by one of the employee or customers and when the lady tripped. The availability of ribbed rubber mats presents another case of evidence of cause of the tripping, and vindicates the defendant that even though the surface was slippery the ribbed mats would have helped the
“In tort law, the doctrine which holds a defendant guilty of negligence without an actual showing that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence”(Burt, M.A., & Skarin, G.D. (2011). In consideration of this, the defendant argues that the second foundation of this principle should be solely based on common knowledge of the situation. Although, there is a experts testimony tartar is no basis in this case , in the experts testimony or anything else, for indicating that the plaintiffs injury resulted from the negligence of the defendant. The court correctly found the defendant not liable under the Res ipsa
In Reyes v. Missouri Pac. R. CO., the appellant, Joel Reyes, sought rehabilitation from the defendant, Missouri Pacific Railroad Company, after being run over by one of the defendants trains while lying on the tracks. The appellant claims the defendant was negligent due to its inability to see the plaintiff in time to stop the train. The defendant refutes the plaintiffs claim by blaming the plaintiff for contributory negligence because the plaintiff was believed to be drunk on the night in question based off of pass arrest records . In a motion in limine Reyes ask for the exclusion of the evidence presented by the defense. The trial court, however denied the plaintiff’s request and ruled in favor of the defendant. The plaintiff, Reyes,
Associated Wholesale Grocers (AWG) came into being more than eight decades ago when several independent retailers decided that the power of a cooperative far outweighed the influence of any one individual retail grocer. AWG provides distributor services to independent grocers in over 30 states with nine distribution centers throughout the South and Southeast regions of the country. In addition to their wholesale foods department, AWG offers a myriad of services from new store design, construction, marketing, product placement and “world class” logistical consultation (cite 11). AWG faces many of the same logistical challenges that other similar wholesalers face to include rising fuel costs, inclement weather, stringent timelines and an ever evolving need for stringent quality. One method to exploit a business’s positive and negative attributes is through the use of a Strength-Weakness-Opportunity-Threat analysis, or SWOT analysis (Cite 11). If used correctly, the analysis results can give insight into potential market areas of expansion and expose vulnerabilities to senior leadership so that they can be mitigated. AWG looks at its Supply Chain Management (SCM) as an integral part of its core business offering multiple services such as logistics to new co-op members. The team members of AWG are positioning themselves for sustainable success, now and in the future.
Primrose claimed about the incident at Wal-Mart Stores, INC., that they were trying to cause any kind of harm to her. Based on the evidence that had been provided to the court have proved that the signs was clear enough to be seen by everyone around the area at that time. Moreover, Wal-Mart did not asking her to go around the display in order for her to transported the watermelon. The Judges thinks that the incident would not happened if Ms.Primrose can move her shopping cart closer so it would be easier for her to transferred the watermelon. Therefore, the Judges are agreed with the trial court’s decision to grant the defendant their motion for summary judgment, after it had been proven that the display was open and obvious to be seen by everyone and there’s no sign of any risk or mean to harm anyone. Also, Ms. Primrose was failed to prove her’s argues that she claimed above to support her liability to La. R.S. 9:2800.6, the Judges cannot impose any enforcement or duty upon the defendant. In conclusion, the three assignments of error cannot be
Brookshire Grocery Company, known for its commitment to excellent customer service, was established in 1938. The company began with one store in downtown Tyler, Texas under the name Brookshire Brothers. Soon after, the company changed its name to Brookshire Grocery Company and expanded to four stores in Tyler and Longview, Texas, which included the first air-conditioned store in East Texas (brookshires.com). Over the years, the Brookshire Grocery Company chain has grown to more than 150 stores throughout Texas, Louisiana, Arkansas and, most recently, Mississippi.
The need among Americans to be diverted in ever more imaginative ways -- through high-thrill parks, virtual reality arcades, and theme restaurants, plays right into the hands of Dave Corriveau and Buster Corley, co-founders and CEO’s of Dave and Busters. The duo’s 50,000 square foot complexes include pool hall, an eye popping, cutting edge midway arcade, a formal restaurant, a casual diner, a sports bar and a nightclub rolled into one sprawling complex. In business since 1990, this is a high energy, highly efficient operation that’s comparable to a Vegas extravaganza. As a matter of fact there are even “for fun” cashless blackjack tables, with fake $10,000 chips. Pricey, but not outrageous, and you get value for your money.
During the Simply Soups, Inc. audit, we were responsible for confirming the balances for each of the company’s bank accounts. The purpose of sending confirmations is to obtain a reasonable expectation that the balances presented on the books reflect the actual values recorded by the banks, addressing any issues of existence. In addition to providing validation from a reliable source, confirmations also allow us to reconcile any issues concerning money in transit.
The refinement of this definition has significant legal implications, as it broadens the scope of those who can sue within blameless accidents. Prior to this, such victims would also face being labelled with “fault”. Supporting the findings of Axiak, by establishing non-tortious conduct as separate from “fault”, similar, future cases are more likely to proceed despite the plaintiff’s contributory
The most common type of premise liability claim is slip and fall. If you have been involved in a slip in fall in a business or premises, contact a firm
On the 1st of October in the year 2017, the defendant, in this case, the supermarket was found liable for the case Susan injury in the supermarket's premises. The hip injury on Susan’s hip which was a result of the slipping over a squashed banana. The presence of the squashed banana in the premises was an outright sign of negligence and recklessness by the supermarket's staff. (Damage law)
The purpose of this paper is to analyze a specific, hypothetical employment situation encountered and to include the information regarding employment conflicts, questions, grievances, lawsuits, etc., in terms of how the situation was handled or resolved. Employment conflicts are a constant issue everyday in any organization; it is how you handle them both legally and professionally that counts.
Selfridges & Co. is a chain of high end department stores formed in 1906 and officially founded in 15 March 1909 by Harry Gordon Selfridge, in London. Taking place on the "dead end" of Oxford Street, the neoclassical building has showcased thrilling and brand new trends since its opening. During all these years, the store has been managed by a number of different groups, striving to keep the spirit of innovation firstly deployed by its founder.
A1: Dollar General's main business strategy is to focus on being the leading distributors of consumable basics, with 30% of the merchandise at $1.00 or less. Dollar General believes in maintaining an assortment of consumable merchandise and making shopping for everyday items hassle free and simplistic.
In this situation, Ellen had four alternatives: 1. Take the Customer Service Position 2. Fight Back 3. Stay in the Business Planning and Development department and 4. Leave the company. I recommend that Ellen choose choice number 3: stay in the same position until another opportunity comes up while she keeps looking for a new job. She, however, should not fight back (choice 2) because the Bahrain‘s culture was save face and collectivism. The general manager’s superior, the Senior Vice President of EU, ME and Africa might not change the local manager’s decision because 1) it might cross the line of authority in the organization and 2) the VP of the region who had a limited knowledge of the region would generally rely on local management’s decision. Moreover, the Bahrain society still had an issue of inequality of gender and nationality. It was a low possibility that Ellen would win this case again...
There is one way she could have resolved the situation. The solution is simple; stop being immature and gossiping about others. I do not think there is anything wrong with communicating with your employees an...