Question
Rhoda Dendron joined the European Health Spa.The European Health Spa (EHS) is located in Carlsbad, California.On June 30, 2021,Rhoda slipped on a foreign substance while
Rhoda Dendron joined the European Health Spa.The European Health Spa (EHS) is located in Carlsbad, California.On June 30, 2021,Rhoda slipped on a foreign substance while entering a shower at the Spa.Rhoda testified that she had used the Spa's facilities on approximately 25 occasions prior to her fall and that on each occasion the showers had been slippery, filthy and dirty.Furthermore, she stated that she had slipped on some of these occasions due to these circumstances.She admitted that on the day of the accident she did not look down at the condition of the shower, the step or the floor, rather, she simply took a step into the shower and fell.
The shower area was maintained by a company named Maintenance 'R Us. They used a new cleaner in the shower area and left the place in an unfinished condition. There was soap in the area and the soap was a soap used to clean the shower as opposed to personal soap used by patrons. MRU employees warned the front desk of the spa about the condition and told the front desk that they would be back to fix the situation in a little while. The fall happened while the area was in an incomplete condition. No warning signs were deployed by eith MRU or EHS.
Rhoda's injuries are very significant. She has a fractured ankle which required surgery. She has a concussion. She has had two ankle surgeries and thinks that she might need a third one. She also has serious cuts on her face. She is 45 and claims that she would have been a finalist in the Mrs. America contests coming up in the southern California area. She claims that she has a problem with her neck although she has been treating with a chiropractor for several years previously.
Rhoda has contacted your offices and asked you for assistance.You are attorney, John Smith, from a personal injury law firm in town.You have been asked to evaluate Rhoda's case for her. She wants to know whether or not you will take this case on a contingency.Please discuss that and please discuss her chances of winning. Whom can she sue and why? Please fully explain.
You will recall that in the classroom we discussed that an attorney from time to time uses a four-way cross over.I anticipate that you will utilize a four-way cross over to explain all of the rights and responsibilities of all of the parties. In other words focus on the area of substantive law, primarily.However, please understand that while the focus of this question really is as to the rights and liabilities of the parties you should also be aware that clients want to know about recoveries and costs.Specifically, does Rhoda have a claim or cause of action against the Spa? Against Maintenance? If maintenance really was done by an employee and not an outsider would that change things? If so, how?
Remember that this is California and that there is a specific type of negligence law here.Please discuss the fact that she needs to have a cause of action and what goes into having a cause of action.
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