Alee V. Bob's Negligence Case Study
Alee V. Bob’s
Negligence
Negligence requires a showing that a duty was owed, that the duty was breached, and that the breach was the actual and proximate cause of damages
Special Duty- Land Occupier/Invitee
A special duty arises in circumstances involving a land occupier. An invitee is one who enters upon the land of another with the owner’s permission for the purpose related to the activity. The landowner owes an invitee a duty of care to inspect and discover any dangerous condition and to make the premises safe.
Bob’s grocery store is a business that is open to the public, thus making it a landowner. Alee entered that business during regular operating hours, making her an invitee.
Bobs grocery store owes a duty to all who enter a duty …show more content…
Plaintiff must have sustained actual damages to his/her person or property to recover for negligence.
Alee broke her Arm and ankle because of her slip and fall at Bobs.
Therefore, she may recover damages.
Special Damages
Plaintiff may recover for any medical damages or lost income if specifically plead.
All broke her arms and ankle because of her slip and fall at Bobs. She may be able to recover special damages for lost income due to her injuries.
Defenses: Contributory Negligence
The plaintiff’s contributory negligence, however slight was a complete bar to his recovery against a negligent defendant. If a plaintiff conduct falls below the reasonable person standard of care and contributes to his own injury or damages, he is barred from recovering against defendant.
The facts stated that Alee slipped on the grapes she “failed to notice” in the entryway. Bobs may argue that had Alee watched where she was walking, she could have avoided slipping in the grapes entirely and avoided injury. However, it is not reasonable to only look at the floor while walking, especially in a business that encourages looking at products.
Therefore, contributory negligence is no …show more content…
An invitee is one who enters upon the land of another with the owner’s permission for the purpose related to the activity. The landowner owes an invitee a duty of care to inspect and discover any dangerous condition and to make the premises safe, including inspecting samples and products.
Bob’s grocery store is a business that is open to the public, thus making it a landowner. Liz entered that business during regular operating hours, making her an invitee.
Bobs grocery store owes a duty to all who enter a duty of care to inspect and discover any dangerous conditions and products and make them safe. As Liz was an invitee of Bob’s, Bobs owed Liz a duty of care.
Breach
A breach occurs when a duty of care toward another fails to live up to that standard owed.
Bobs had a duty to inspect and correct any unsafe condition for it’s customer. Since Bobs was offering samples of a product, they had a duty to inspect the product before giving it to
Negligence
Negligence requires a showing that a duty was owed, that the duty was breached, and that the breach was the actual and proximate cause of damages
Special Duty- Land Occupier/Invitee
A special duty arises in circumstances involving a land occupier. An invitee is one who enters upon the land of another with the owner’s permission for the purpose related to the activity. The landowner owes an invitee a duty of care to inspect and discover any dangerous condition and to make the premises safe.
Bob’s grocery store is a business that is open to the public, thus making it a landowner. Alee entered that business during regular operating hours, making her an invitee.
Bobs grocery store owes a duty to all who enter a duty …show more content…
Plaintiff must have sustained actual damages to his/her person or property to recover for negligence.
Alee broke her Arm and ankle because of her slip and fall at Bobs.
Therefore, she may recover damages.
Special Damages
Plaintiff may recover for any medical damages or lost income if specifically plead.
All broke her arms and ankle because of her slip and fall at Bobs. She may be able to recover special damages for lost income due to her injuries.
Defenses: Contributory Negligence
The plaintiff’s contributory negligence, however slight was a complete bar to his recovery against a negligent defendant. If a plaintiff conduct falls below the reasonable person standard of care and contributes to his own injury or damages, he is barred from recovering against defendant.
The facts stated that Alee slipped on the grapes she “failed to notice” in the entryway. Bobs may argue that had Alee watched where she was walking, she could have avoided slipping in the grapes entirely and avoided injury. However, it is not reasonable to only look at the floor while walking, especially in a business that encourages looking at products.
Therefore, contributory negligence is no …show more content…
An invitee is one who enters upon the land of another with the owner’s permission for the purpose related to the activity. The landowner owes an invitee a duty of care to inspect and discover any dangerous condition and to make the premises safe, including inspecting samples and products.
Bob’s grocery store is a business that is open to the public, thus making it a landowner. Liz entered that business during regular operating hours, making her an invitee.
Bobs grocery store owes a duty to all who enter a duty of care to inspect and discover any dangerous conditions and products and make them safe. As Liz was an invitee of Bob’s, Bobs owed Liz a duty of care.
Breach
A breach occurs when a duty of care toward another fails to live up to that standard owed.
Bobs had a duty to inspect and correct any unsafe condition for it’s customer. Since Bobs was offering samples of a product, they had a duty to inspect the product before giving it to