Law 612 Torts 612 Assignment 15.docx - 1 Torts Law 612...

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1. Torts Law 612, Assignment # 15, Bryant, # 8277 Alee v. Bobs On what legal theories, if any, can Bob's be held liable for personal injury to Alee and Liz? Negligence Requires a showing a duty was owed, the duty was breached, which actually and proximately caused damage to the person or property of another. Here, Bob’s Store manager was negligence because he did not act as to a person with ordinary prudence. He had the floor swept no more than 35 minutes before Alee fell, but the display of grapes near the entryway was not secured because it had fallen prior to Alee’s fall causing injuries. Bob’s Store manager should have acted as a responsible employee and did not operate his store under safe conditions with have unsafe display of grapes near the entryway. Bob’s Store can argue that the display was secure at the entryway and Alee had an accident by hitting the display. Therefore, this will fail because of witnesses, a reasonable person would have not display grapes at the entryway. Thus, Bob’s Grocery Store will be liable for negligence. Duty Duty to inspect, discover and correct and warn – owed to all foreseeable users. General Duty The duty to conduct oneself as a reasonable person under the same or similar circumstances. A business owner has a general duty of care to exercise duty care towards preventing harm to others. Here, Alee sought shelter in Bob’s grocery store during a severe thunderstorm and it a foreseeable plaintiff in the zone of danger, whereas Bob’s store owed a duty because Alee’s slipped on a bunch of grapes that she failed to notice had fallen from a display near the entryway. Therefore, Bob’s store manager must act as a reasonably prudent person under the circumstances. Bob’s store can argue that the display was in a safe location and she did not the display before her fall, but she had accidentally fallen. Whereas, Alee’s can argue that the store did not conduct themselves under safe conditions for customers. Thus, Bob’s Grocery Store will be liable for general duty. Invitee A person who comes upon the premises or property with owner’s permission. The owner has a duty to inspect, correct or warn of any dangers. The invitation of a business may be direct, express or implied, whereas an invitee is entitled to assume safe conditions on the property or
1. Torts Law 612, Assignment # 15, Bryant, # 8277 premises, so the owner or proprietor will be liable for injury suffered by the invitee, while on the property due to unsafe conditions. Here, Alex was considered to be a public invitee due to the grocery store being open to the public during business hours. Although Alee sought shelter inside of the store, whereas she slipped on a bunch of grapes that she failed to notice had fallen from a display near the entryway. Bob’s can argue that slipped and fallen no wear near the entryway. Alee’s can argue that Bob’s store failure to have safe conditions for customer coming into the store, such as duty to inspect and warn them

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