3 paula was a nurses aide at a hospital that treated

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Essentials of Business Law
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Chapter 9 / Exercise 5
Essentials of Business Law
Beatty
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3. Paula was a nurse's aide at a hospital that treated many Alzheimer's patients. Alzheimer's sufferers are often violent, and Paula knew that her job involved working with violent, combative patients. Paula also knew about past incidents in which patients attacked aides, but she and other aides received training in handling violent patients. Dave was such a patient. On previous occasions, he had hit hospital employees, and his admitting diagnosis noted his aggressiveness and a high risk that he would cause injury. One day, Paula saw that Dave was being aggressive with another aide who was trying to move him from a chair into bed. Paula entered the room to help because she was afraid Dave would fall. While she was helping, Dave hit Paula several times on the head, causing serious injuries. Dave died shortly thereafter of natural causes. Paula sues Dave's estate for negligence, and the estate raises the defense of comparative fault. 3. Which of the following statements is most likely correct, assuming that the jurisdiction maintains a pure comparative fault system? A. If a reasonable person with Paula's training in dealing with mentally ill patients would not have intervened, Paula's recovery should be reduced by the doctrine of comparative fault. B. If a reasonable person without Paula's training in dealing with mentally ill patients would not have intervened, Paula's recovery should be reduced by the doctrine of comparative fault. C. Because it was unreasonable for Paula to approach Dave while he was combative, Paula cannot recover against Dave's estate. D. If no harm would have occurred had Paula not approached Dave, Paula cannot recover against Dave's estate. A is the correct answer. When dealing with a fact pattern such as this, one must look at the conduct of the plaintiff and objectively determine if a person with her training and expertise
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Essentials of Business Law
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Chapter 9 / Exercise 5
Essentials of Business Law
Beatty
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Torts 612 Assignment #6 would have acted in such a way. A pure comparative fault jurisdiction like California, allow a Plaintiff to recover for their injuries from the Defendant even if her own negligence exceeds that of the defendant. Example: Plaintiff is involved in an automobile accident and is injured. Based on the finding Plaintiff is 90% at fault. In a pure comparative fault jurisdiction Plaintiff can recover 10% of her injuries. Therefore, B,C and D are incorrect for the reasons state in A. 4. While shopping in Dan's Grocery Store (Dan's), Pat approached a display of glass jars of jam. The jars were stacked from waist height to six or seven feet from the ground, and the rows were separated by corrugated cardboard. The display was unreasonably dangerous, being both too high and too precariously constructed. Pat decided to buy a few jars. Realizing that she needed to be careful in order not to knock over the display, Pat slowly began to pull the first jar out. Just before the jar was completely out, the display began to shake, and Pat stopped pulling out the jar. She was about to push it back into the stack when Bob, another shopper, accidentally bumped his cart into Pat. This caused her hand to jolt forward, and the entire display fell over. Both Pat and

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