Tort Of Negligence Paper
This paper will discuss the hypothetical scenario and case problem 4.4 and its implications on unintentional tort or negligence. It can be found on page 124 of our textbook Business Law Today: Essentials, written by Roger LeRoy Miller and Gaylord A. Jentz.
As read in the case, “Kim went to Ling 's Market to pick up a few items for dinner. It was a rainy, windy day, and the wind had blown water through the door of Ling 's Market each time the door opened. As Kim entered through the door, she slipped and fell in the approximately one half inch of rainwater that had accumulated on the floor. The manager knew of the weather conditions but had not posted any sign to warn customers of the water hazard. Kim injured her back as a result of the fall and sued Ling 's for damages. Can Ling’s be heald liable for negligence?” (p. 124).
The issue presented in this scenario is whether Ling’s Market, the defender, can be held liable for negligence, or not. In order to Kim, the plaintiff, prove that the defendant committed a tort of negligence against her, she must prove that: (1) Ling’s Market owe a duty of care to …show more content…
Therefore, where the announcement cites “The manager knew of the weather conditions but had not posted any sign to warn customers of the water hazard” and “she slipped and fell in the approximately one half inch of rainwater that had accumulated on the floor” indicate that the duty of care to the plaintiff was breached by the fact that the manager of Ling’s Market neither had put any sign to inform its customers of the water hazard, nor cleaned up the local where the water was accumulating, which clearly shows that the defendant omitted to perform the basic acts of precaution. These affirmations confirm the second element of the
As read in the case, “Kim went to Ling 's Market to pick up a few items for dinner. It was a rainy, windy day, and the wind had blown water through the door of Ling 's Market each time the door opened. As Kim entered through the door, she slipped and fell in the approximately one half inch of rainwater that had accumulated on the floor. The manager knew of the weather conditions but had not posted any sign to warn customers of the water hazard. Kim injured her back as a result of the fall and sued Ling 's for damages. Can Ling’s be heald liable for negligence?” (p. 124).
The issue presented in this scenario is whether Ling’s Market, the defender, can be held liable for negligence, or not. In order to Kim, the plaintiff, prove that the defendant committed a tort of negligence against her, she must prove that: (1) Ling’s Market owe a duty of care to …show more content…
Therefore, where the announcement cites “The manager knew of the weather conditions but had not posted any sign to warn customers of the water hazard” and “she slipped and fell in the approximately one half inch of rainwater that had accumulated on the floor” indicate that the duty of care to the plaintiff was breached by the fact that the manager of Ling’s Market neither had put any sign to inform its customers of the water hazard, nor cleaned up the local where the water was accumulating, which clearly shows that the defendant omitted to perform the basic acts of precaution. These affirmations confirm the second element of the