Question
.Mrs. Kim is an 76-year-old woman who lives with her husband, son, and two grandchildren.They all live in a house next door to Unsafeway, a
.Mrs. Kim is an 76-year-old woman who lives with her husband, son, and two grandchildren.They all live in a house next door to Unsafeway, a busy, gigantic supermarket.
In order to keep active and healthy during the winter, Mrs. Kim likes to go for a walk inside the heated Unsafeway each day, rather than walking outside.One day, while walking through Unsafeway Mrs. Kim was walking behind a young man. This man was holding a hot cup of coffee, and walking with his friend.They were having an argument, he got angry at his friend, and threw the coffee, spilling it all over the floor.
25 seconds after the coffee was spilled, Mrs. Kim walked into the puddle of coffee on the floor, slipped, fell, and broke her leg.Mrs. Kim usually wears glasses to help her see where she is going, but forgot them at home on this day.
Mrs. Kim was hospitalized for three weeks and experienced a lot of pain and suffering.The young man did not realize what happened to Mrs. Kim, and left the store before anyone could stop him.The young man was never seen again, and will not be a party to any court case that happens relating to Mrs. Kim.
Unsafeway (despite its name) has a clear policy on cleaning its store.There is a cleaner that comes by to clean the floor every ten minutes, and staff are told generally to pick up or clean up anything on the floor immediately when they see it- even if it's not time for a regular cleaning.On the day of Mrs. Kim's accident, the floor had been cleaned three minutes before the accident. Even though the coffee had spilled just 25 seconds earlier, there was already an Unsafeway employee, Janet, who was running towards the spill to clean it up- but she did not arrive on time.
When Janet arrived shortly after Mrs. Kim had fallen, Mrs. Kim looked up at Janet and said "I will sue you!See you in court".
"I'm sorry", Janet replied. "This is my area to clean.I just cleaned it, but then I saw the coffee spill and ran to get here as soon as I could".
Mrs. Kim has hired a lawyer and will sue Janet and Unsafeway. Will Mrs. Kim be successful?In your answer, discuss the law of negligence and related concepts.Make sure your answer includes an explanation and application ofall the elements of negligence, anyrelevantdefences for Janet or Unsafeway (if any), and any other negligence-related concepts you think may be relevant. Do not discuss any other torts besides negligence
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