Step 1: Identify the facts

Describe specific facts about the event. If applicable, identify the major players, locations, and timelines that help explain the incident.

Step 2: Establish what the legal issues are

Identify the issues and legal components that the plaintiff must prove in the scenario provided. For each legal component, write a brief statement that indicates the meaning of that element.

Step 3: Identify what the law says

For each of the legal components that the plaintiff must prove, apply the elements one at a time to the facts in the scenario. You must make a legal argument that demonstrates how each of the legal components would be used in the case study.

Step 4: Prepare a legal argument

Looking at the issues presented, identify and apply any defences that the defendant could use in the scenario.

Decide what defences might be able to reduce or eliminate the defendant's liability, in the case study. Apply the applicable defence(s) to the facts of the case to demonstrate how the defence(s) could work to reduce or eliminate the defendant's responsibility to the plaintiff, based on the facts in the scenario.

Step 5: Draw a conclusion

Based on your analysis in the previous steps, write an argumentative paragraph that indicates what you think the legal outcome of the case would be, if it really happened.

Tommy Reynolds scenario

Tommy Reynolds is 25 years old and attends

university on a part-time basis. To support

himself while he is in school, he works at a

local grocery store as a clerk and cashier.

The grocery store, Grocery Haven, is owned

by two sisters named Maria and Fernanda

Sanchez.

One day, while at work, Tommy was taking

inventory of the various items in the store. To

do so, he required a ladder to reach the high

shelves. Tommy carried the ladder into one

of the aisles, but before he was able to set

up the ladder properly, his girlfriend called

him on his cell phone. He leaned the ladder

against one of the shelves and answered

the call. While he was talking on the phone

to his girlfriend, he turned his back to the

ladder, but he was still standing in the aisle

where the ladder had been placed.

In the meantime, Rachel Klein was shopping

in the store with her baby daughter Aviva,

who was sitting in the grocery cart, and her

four-year-old daughter Hannah, who was

walking beside the cart. The baby started

to cry and Rachel focused her attention on

Aviva to try and stop her from crying. At that

point, Hannah ran off and disappeared down

another aisle. Rachel saw that Hannah had

taken off, but continued taking care of the

baby for another few minutes, while calling

out for Hannah to come back.

Hannah ran into the aisle where Tommy was

still talking on the phone. She saw the ladder

leaning against the shelf, ran up to it, and

tried to climb it. The ladder fell to the floor

and landed on top of Hannah. Tommy did

not see Hannah when she tried to climb the

ladder because he wasn't paying attention,

but as soon as he heard the ladder fall, he

immediately dropped his cell phone and ran

to help the injured child.

Hannah was rushed to hospital. As a result

of the accident, she broke both of her legs

and her hip. Hannah had surgery to repair

the damage, and has suffered a lot of pain

as a result of her injuries. The doctors say

that she may always have trouble walking

and running because of the damage caused

to her hip. She may also need additional

surgeries in the future. Her mother has had

to take six months off work to stay home

and care for Hannah, and her parents have

had to pay a physical therapist to help assist

Hannah's healing. Hannah has not been

able to get out of bed since the injury, but

doctors hope that as soon as her casts come

off, she will be able to return to her regular

activities. The doctors are also suggesting

that Hannah be put in various programs,

such as a swimming program, to help her

gain some mobility back in her legs and

hip. Hannah will also need some special

equipment in and around her home, as she

recovers. Initially, she is going to require a

wheelchair and her home will have to be

modified because of her limited mobility. The

family will also need to buy a car that will

accommodate her wheelchair.

Experts estimate that the total amount of

damages suffered by Hannah and her family

is as follows:

$80 000 for her mother's lost wages

$20 000 for Hannah's loss of future

mobility

$75 000 for special equipment and

modifications to the home

$25 000 for special therapies and

programs to help her recovery

$50 000 for pain and suffering