Question
Bertha was shopping at her local grocery store, PriceCo., to get supplies for a dinner party she was having later that evening. She was in
Bertha was shopping at her local grocery store, PriceCo., to get supplies for a dinner party she was having later that evening. She was in a rush to get home to start cooking, so she was almost jogging through the aisles of the store. As she was turning the corner of one of the aisles, Bertha slipped on a wet area of the floor. That part of the floor had just been mopped by an employee of PriceCo., but the employee had not yet set up any "Caution: Wet Floor" signs. The employee helped Bertha to her feet and apologized profusely, saying "I'm so sorry, I just finished mopping".
Bertha hurt herself pretty badly in the fall, suffering fractures of her right hip and wrist. The fractures were severe and required surgery to correct. Her doctor explained that such fractures are common in falls for people that have osteoporosis, like her.
Bertha is devastated as her injury significantly impacts her ability to work. The doctor estimates that it will be at least 6 months before she can resume her normal duties. Since the fall, Bertha also has not felt like herself. She suffers severe anxiety and is now afraid of going into public places.
Bertha has decided to sue PriceCo. Follow the approach to a case analysis set out above.
Your detailed analysis and discussion should include:
(a)The nature/basis for the court action that Bertha may take against PriceCo. and an analysis of her chance of success;
(b)Any defences that may be raised by PriceCo.;
(c)On what basis PriceCo. may be liable for the conduct of its employees;
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