Question
Identify the Torts in this situation On Wednesday Baker got up early to ensure he had a good place in line for the annual blowout
Identify the Torts in this situation
On Wednesday Baker got up early to ensure he had a good place in line for the annual blowout sale at Electric Shiver, his favourite department store. Electric Shiver had a large and well trained security staff, but when doors opened people rushed in quickly and the staff could no longer manage the volume of people. The store capacity was quickly exceeded despite the staff telling many not to enter. Ben and Najee were among those that rushed in even after being told the store was over capacity. About fifteen minutes after opening, a manager instructed an employee in the electronics department to demonstrate the use of a new drone product. The drone was not defective and it worked as it was supposed to, but the employee had little experience operating it. The drone flew higher than the employee expected and knocked over a display of large barbeques. The store had carefully erected the display with metal straps so that it could not be knocked over even if someone pushed it. Unfortunately, the blades from one of the drone's rotors destroyed the straps which held the display in place. The display toppled over and some of the grills crushed Ben who sustained severe injuries. Others fled the area in a panic including Najee who inadvertently trampled Lamar on the way out. Baker, a bystander throughout the event, was soon approached by security and escorted to a back room and instructed to wait there for questioning or they will tell the police of his non-compliance. With mayhem still unfolding in the busy store, the security staff forgot about Baker; a janitor let him go four hours later and Baker, furious, went straight to his job to which he was now very late. As this was his third time late this month, Baker was fired from his job.
The next day Baker went straight to Samantha, a lawyer that sometimes works on tort matters, to discuss his options as he is certain he was wronged by Electric Shiver. After explaining the events, Samantha advises Baker to wait for a few years as he may develop a mental health condition from the event which would increase the reward (and subsequently her fees). Baker leaves and as the month and years pass, he does develop a significant fear of others in security uniforms which keeps him from attending many places and events. Twenty-six months after his first meeting with Samantha, he returns to her office only to learn she didn't mean for him to wait that long. The limitations on these matters is two years and Baker is too late to bring action.
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