Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Brock Dasher is a maintenance contractor for Shopper's Delight Inc., owner of a trendy upscale strip mall called THE Mall. He was called to THE

Brock Dasher is a maintenance contractor for Shopper's Delight Inc., owner of a trendy upscale strip mall called "THE Mall." He was called to THE Mall to repair a revolving door leading outside to the east parking lot. It was sticking sporadically the week before, and several customers complained. The General Manager of THE Mall, Les Khair, thought it would resolve itself so he didn't give it much concern. However, when his VP of Operations who was shopping at THE Mall on the weekend sprained his wrist trying to go through the revolving door, Les decided to get Brock to fix it.

Brock forgot to bring the brightly-coloured plastic fence he normally erects around his work area, preventing customers from accessing the revolving door while repairing it. So, he went to the indoor skate park nearby and borrowed a couple of the moveable ramps and placed them in front of the door on the inside of the mall.

Brock adjusted the door and finished applying grease to the central bearings, which was the last step of the repairs. He then received a panicked call from Les who told him that one of the toilets on the west side of the mall was blocked. Brock put down his grease gun and walked over to the washroom with his other tools. While he was gone, a couple of 10-year old kids (Tweezle and Russell) who were leaving the indoor skate park, noticed the ramps and grease gun. They thought it would be cool to drag the ramps off to the side and do some Ollie Impossibles and Late Kickflips in the mall area. The ramps were heavy, but Tweezle and Russell were smart. They greased the floor with Brock's grease gun so they could more easily push the ramps along the floor and set them up, which they did.

As Tweezle was executing what would have been a perfect Ollie, but for his greasy runners, his skateboard shot out from under him. It flew through the air like a guided missile striking a shopper, Ms. Knotsohappy, in the head as she entered the revolving door to leave the mall. Down went Knotsohappy, unconscious in the revolving door space.

"Cool!!", yelled Russell.

Luke Ranhout, was a disgruntled 19-year old ex-employee of the skateboard park. He had been fired the week before, escorted off site and told never to come back. Luke had just sprayed "Stick it to the Man!!" on the wall by the door to the skate park and was making a quick getaway out the east side of the mall just as Knotsohappy hit the floor. However, he could not stop because of the grease on the floor and slid into one of the glass panels of the revolving door. A shard of broken glass severed his carotid artery causing Luke to fall to the ground.

"Super -cool !", yelled Dweezle

Ms. Knotsohappy wakes up in the hospital the next day, unable to recall what happened. Luke's injuries resulted in severe brain damage from hypoxia and he now requires 24 hour care.

Please carefully analyze the facts of this case and answer the following questions:

  1. Who is likely liable for the injuries sustained by Ms. Notsohappy.
  2. What about legal responsibility for Luke Ranhout's injuries ?
  3. What tort law applies in respect of such liability, and how will it apply?
  4. Who would likely be named as defendants in the lawsuits and wh

In terms of rubrics, a perfect grade on the assignment will require:

  • A thorough analysis, identifying all relevant facts and linking them to all the applicable law(s).
  • Identification of the applicable statutory law and how it is relevant to these facts.
  • Identification and explanation of the 5 elements the plaintiffs will have to establish at trial to be successful, the applicable burden of proof and any qualification/exceptions to that burden.
  • Active unprompted vocal participation in the post-submission in-class review and discussion of the case.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Strengthening The Rule Of Law In Europe From A Common Concept To Mechanisms Of Implementation

Authors: Werner Schroeder

1st Edition

1509928871, 978-1509928873

More Books

Students also viewed these Law questions

Question

1. define events after the end of the reporting period;

Answered: 1 week ago