Assignment 3

Assignment 3 - cannot successfully sue a negligent...

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Assignment 3 Negligence 1. The plaintiff, while about to descend a flight of stairs from a second-story restaurant, was engaged in a conversation with a companion and failed to survey the steps. An obstacle on the second step caused her to slip and fall, resulting in injuries. The state in which the restaurant was located adopted the rule of comparative negligence. What impact will her negligence have on her lawsuit against the restaurant? Explain fully. a. It will all depend on what percentage the jury assigns to each the plaintiff and the defendant which will decide the amount the plaintiff will receive in damages. 2. Assume in question 1 that the applicable state rule was contributory negligence rather than comparative negligence. What impact would that have on the outcome of the case? a. The plaintiff’s carelessness contributed to the injury, the plaintiff
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Unformatted text preview: cannot successfully sue a negligent defendant. Instead, the case will be dismissed. 3. While swimming at the pool at Browninger Resort, Ursula, age thirty-one, was hit on the head by Tom, another swimmer, age eleven who had been engaged in horseplay with two friends for a half hour. The lifeguard had twice requested that Tom and his friends settle down but to no avail. If Ursula sues the resort for negligence, what is the likelihood she will win. Why? Since the lifeguard had warned the boys to stop horsing around and they did not stop, this makes the hotel liable for the injury. Ursula will win because the lifeguard failed to halt the disorderly conduct of the horsing around. This assignment is worth 15 points. You will earn 5 points for each correct and complete answer to the 3 questions above. Assignment 3 Ch 5 & 6 2008 Joseph W. Holland...
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