BSL 111 Midterm 2 - BSL 111 Negligence A negligence case...

This preview shows page 1 - 3 out of 5 pages.

BSL 111 Negligence A negligence case has five required elements, which are duty, breach of duty, cause- in-fact, proximate cause and injury. In this 24533, Inc's case, it is the maintenance crew's duty to remove accumulating water and wet spots. He breached his duty by leaving a "glossy" appearance on the surface of the floor. The crew failed his duty to make sure people would walk in safely on the snowy day. But for the negligent act for the maintenance crew not cleaning the floor properly, Sharon Slidley would not slide foward, break her ankle, lose the grip, so then she would not send the cart shooting forward towards the elevator. Then Tip Tover would not knock to the floor banging his elbow on the marble. Then the Mont Blanc pen would not fly out Tip's pocket and stuck in the left eye of Adam Penn. It is reasonable foreseeable that the negligent action of maintenance crew not mopping floor properly and left a "glossy" appearance on the surface of the floor, so Sharon slid forward, broke her ankle and sent the cleaning cart out. It is reasonable foreseeable that Tip was struck by the cart and knocked to the floor banging his elbow on the marble. And it is reasonable foreseeable that the negligent act causes Adam's left eye hurt by the Mont Blanc pen which was flew out from Tip's pocket. Hence, all parties got injured in this case fell in the proximate cause that all injuries are reasonable foreseeable to happen. So they can get compensation because of the maintenance crew's negligence. Charlie Clown noticed the Mont Blanc pen lying on the floor near the elevator. Clown got a running start, and belly surfed upon the marble floor, reached out and grabbed the pen. He could not stop himself and smashed into a Lydexo Food Service cart. It is Charlie's duty to walk in properly and pick up the pen without rush. In this situation,
Charlie created a new negligence. But for the negligent act for Charlie not walk in properly, Charlie would not hit the Food Service Cart, and the Portobello mushroom and eggplant sub would not shot outside into traffic on 42nd street. So then Candace Cane would not hit a street sign.

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture