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Fire Safety Law Basics
Fire Safety Law Basics
Fire Safety Law Basics
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A. According to the facts, Smith bought a stove that was manufactured by the ABC Company. Since he bought a stove it was certainly foreseeable that that he would use the stove to cook. Smith should have known that the intended use of a stove is to cook food. There was not any heat in Smith’s kitchen which is the reason why he had the oven door wide open. However, this brings to me to the question of why didn’t he just use a miniature personal heater and place it in his kitchen? The activity that Smith was engaged in (resting his feet on the oven door) was rarely foreseeable. Moreover, resting your feet on the inside of an oven door is considered a highly dangerous and irresponsible activity. It is predictable almost to a certainty foreseeable that a possible injury could occur when someone is misusing a stove. …show more content…
Some of the questions that need to be asked are: Why did Smith think that resting his feet in the opening of the oven door was a good idea?
Why didn’t Smith think that the activity he was engaging in was dangerous? If Smith knew that he was going to use the stove for an unintended purpose why didn’t he think to bolt the stove down to the floor or to the wall in order to prevent it from falling forward? Why didn’t he think about how he was putting an uneven weight distribution onto the opening of the oven door? Was he sitting in the chair with his feet rested on the oven door for an extended period of time? If so, for how long? Why didn’t common sense tell him that he was engaging in a dangerous activity? Would a reasonably prudent person engage in the same dangerous activity of resting their feet on the opening of an oven
door? This injury was not reasonably foreseeable to the ABC Company. They manufacture cooking stoves so that consumers can buy the stoves and cook food with them. ABC Company’s intended use of the cooking stoves are to cook food not to use them as a source of heat. This injury was highly unusual because ABC Company could not have foreseen this happening. While ABC Company would have a fair probability of foreseeing a cooking related injury with their stoves, they could not have foreseen an injury with their stoves because someone was using it as a way to heat up their kitchen and decided to rest their feet on the opening of the oven doors. Smith was misusing the stove. The counter analysis that Smith would most likely use is that ABC Company should have included a warning label. They should have also had an instruction booklet that stated the possibility of it falling over. They most likely should have stated in visible or big bold letters that the stove could get to dangerous hot temperatures and to use it with caution. If they failed to do those things then Smith would most likely try to claim that ABC Company was negligent because of their failure to warn customers about the stove possibly collapsing. However, this issue was not foreseeable to ABC Company and it was not their fault that Smith chose to misuse the stove.
“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
...as charged for selling to an police officer while on duty. The clerk had no idea that the police officer was still on duty because the officer had taken off his arm-band. The author stated, the offense of strict liability is not intentionally. Which is true how can someone be held accountable for other people actions if they had no idea what is going on. People are not mind readers and people should be held accountable for their own actions.
Every play contains a story and every story, a message. The Spitfire Grill is no exception. This play recounts the story of Percy, a young woman reintegrating with society after spending five hard years in prison. Through newfound friends, Percy finds her way out of the dark and lonely life she’s been living, and into a life where she’s surrounded by people who love her, despite her past. From seeing the show, I can only conclude that two primary themes emerge from Percy’s story: redemption and forgiveness. Not only does Percy learn to forgive herself owing to Shelby’s compassion, but Hannah as well comes to terms with her own failings as a mother.
a) Mamma Jo’s Pizza should provide accommodations to Ahmad due to the fact that shaving his beard could potentially cause him p...
2. He served Balducci more tea, hesitated, the… {Hesitation before the person forcing the situation upon him}
is such that (a) if the consequences of the alternative had been as the agent expected
Test of the “harmless error” rule. Law and Human Behavior Vol. 21, No. 1, p.
B. A homeless man who goes by the name of “Red” says that shelters are very unsafe. While in a shelter he once was stabbed and robbed for his sneakers. He says he rather ride the trains all night before he stays in another shelter.
Analysis of Jack Johnson's Cookie Jar Jack Johnson’s song, “Cookie Jar” is a powerful influence to
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)
Emily had a weird smell around the yard, and the smell was so bad that the people went around and asked Judge Stevens about it. The man of law acts as if he isn’t suspicious and he writes it off, “It’s probably just a snake or a rat that nigger of hers killed in the yard.” (Rose for Emily, 2). He then continues with his story changing saying, “Dammit sir, will you accuse a lady to her face of smelling bad?” (Rose for Emily, 3). The judge keeps changing his story; he knows what is happening, he just isn’t doing anything about it. Emily goes to the local drug dealer asking for poison. Emily says that she wants Arsenic. The drug dealer responds, “If that’s what you want. But the law requires you to tell what you are going to use it for” (Rose for Emily, 4). The drug dealer then sent her a package with a bottle of Arsenic with a note attached reading “For rats” (Rose for Emily, 5). Judges and drug dealers can be corrupt, it happens sometimes, but they both know dang well that they aren’t doing what they are supposed to. When Emily died the people went into her house to check out what had happened. The people said, “Already we knew that there was one room in that region above stairs which no one had seen in forty years, and which would have to be forced” (Rose for Emily, 5). The people knew that there was something happening in the house long before they saw the dead body of Homer Barron. The town’s people knew what happened. They knew that Homer didn’t want to settle. Everyone knew that someone was dead in that house; they just didn’t do anything about
A. Not only was Ralph’s idea of the fire a critical attempt to save everyone, it also helped to gain more respect and responsibility.
a. If someones life is in jeopardy and they used self defense to protect themselves it is legal to
On February 27, 1992 Stella Liebeck of New Mexico went to purchase coffee from Mc. Donald in her grandson’s car. Liebeck’s grandson then parked the car to give her an opportunity to put her cream into her coffee. The car transporting her at the time, had no cup holder so she improvised and placed the cup between her legs. During that process Liebeck spilled all of her coffee and was rushed to the hospital, because the coffee burn through the pants that she was wearing. Upon arriving at the hospital she was informed by the doctors that she suffered third degree on six percent of her skin. Liebeck suffered tremendously as a result of the burn. She was hospitalized for eight days and had to undergo surgery. Apart from that she was somewhat disabled for two years. Liebeck made attempts to settle with McDonald, she wanted them to be accountable for the injury she suffered. She wanted them to pay for the incurred expenses as well as the expense she anticipated in the future. McDonald on the other hand agreed to pay $800.00 but Liebeck was asking for $20.000. This case wasn’t settled using ADR methods so it became a trial (Wiki, n.d).
When the narrator introduced the main character of the story, the man, he made it clear that the man was in a perilous situation involving the elements. The man was faced with weather that was 75 degrees below zero and he was not physically or mentally prepared for survival. London wrote that the cold "did not lead him to meditate upon his frailty as a creature of temperature, and upon man's frailty in general, able only to live within certain narrow limits of heat and cold."(p.1745) At first when the man started his journey to the camp, he felt certain that he could make it back to camp before dinner. As the trip progressed, the man made mistake after mistake that sealed his fate. The man's first mistake was to step into a pool of water and soak his legs to the knees. This blunder forced the man to build a fire to dry his wet socks and shoes so his feet would not freeze and become frostbitten. When the man began to build a fire he failed to notice that he was doing so under a large, snow laden spruce tree where he was getting his firewood. When the man had a small fire that was beginning to smolder the disturbance to the tree caused the snow to tumble to the ground and extinguish the fire. "It was his own fault or, rather, his mistake. He should not have built the fire under the spruce tree. He should have built it in the open."(1750).