Question
Background Facts You Need To Know: Jack, a Clean employee, was assigned to clean Client A's office building.Jack's first task was to vacuum the floors
Background Facts You Need To Know:Jack, a Clean employee, was assigned to clean Client A's office building.Jack's first task was to vacuum the floors in a wide hallway.Jack plugged Clean's commercial vacuum cleaner into the hallway outlet with an extra-long electrical cord and began vacuuming.Before beginning vacuuming, Jack checked to ensure that the hallway was clear of obstacles and people walking.After checking the hall, he placed the cord to the side of the hallway out of the path of his pushing the vacuum.After vacuuming for a few minutes, Jack stepped to the side to turn the vacuum and tripped over two boxes that had been placed in the hallway by Client A's employee since Jack began vacuuming.Jack did not know the boxes had been placed in the hall.
Jack fell and broke his ankle and was taken to the hospital ER via ambulance.A cast was applied after it was determined the ankle did not need surgery.Jack missed three weeks of work because of the injury.
Instructions
Report You Need To Prepare:You must write report addressed to Winnie and Ralph.Winnie and Ralph will use the report in discussion with the Clean owners.The report must address each of the following points:
1. Analyze whether Jack has a negligence claim against Client A.
2. Identify any potential defenses that Client A may raise in response to Jack's negligence claim.The analysis must explain why the defense may be raised.
3. Given the negligence claim and the potential defenses, draw a conclusion as to whether Jack or Client A should prevail in the lawsuit.The facts and the law must support the conclusion.
The reading references are limited to:
https://www.findlaw.com/injury/accident-injury-law/elements-of-a-negligence-case.html
https://www.nolo.com/legal-encyclopedia/what-premises-liability.html
https://saylordotorg.github.io/text_advanced-business-law-and-the-legal-environment/s10-introduction-to-tort-law.html
https://www.justia.com/injury/negligence-theory/comparative-contributory-negligence/
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started