Preview

Samantha Smith Case

Good Essays
Open Document
Open Document
800 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Samantha Smith Case
Legal Research In an attempt to win a case it is important to have all the information that pertains to your case. Not only are primary sources of information important but secondary sources are just as important. These sources are easy to read and understand and they can help win a case. In our case Samantha Smith had an accident in a retail store where she slipped on shampoo that had leaked from the bottle and suffered a broken hip. In her suite against the store Samantha claims the store is at fault; however, the store claims that Samantha failed to exercise due care while shopping and that she is partially to blame for the accident. The three articles below pertain to our case in one way or another. 62A Am. Jur. 2d Premises Liability § 518 (2014) …show more content…
In his distraction, he failed to notice that a box had been placed on the floor by the associates and tripped over it, sustaining injuries. It became apparent that the store had no stock regulations and that the employees frequently sets bocks on the floor while they were restocking the shelves. During an interview of the employees, many of them consented that there could possibly be a safer way to stock the shelves without putting the customers at risk. However, the jury decided that due to the customer’s failure to pay a certain amount of attention that he is partially at fault for his injuries. In this article I learned that while the store has a certain due to make sure they keep their facility safe for all their customers, the customers must also realize that they too have to pay a sufficient amount of attention to their surroundings in order to avoid any injuries that may have been inadvertently missed by store employees. 49-AUG Trial 32 Premises Liability

You May Also Find These Documents Helpful

  • Satisfactory Essays

    FACTS Fitness center member Gina Stelluti sustained various injuries while participating in a fitness class. The plaintiff in this case claimed that her injuries were the result of the defendant’s negligence in regards to failing to repair the broken exercise bike, which had caused the injuries to the plaintiff. The defendant had filed for a motion for summery. The original trial court had granted that request. This request was granted due to a liability contract that cleared the defendant of negligence and gross negligence.…

    • 258 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Jane Chambers, filed a personal injury action alleging negligence by the defendant, Giorgio's Grill. She alleges that she slipped and fell on a wet napkin, breaking her leg. The defendant denied any negligence.…

    • 719 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Scarlet Rose Case Summary

    • 330 Words
    • 2 Pages

    In the case of Scarlet Rose her claim for damages done to her and bills brought up for damages that occur to her because of her slip and fall accident at the Nickel & Dime store on January 31, 2001. Ms. Rose wants compensation for the accident at Nickel & Dime and her medical bills paid. Ms. Rose entered Nickel & Dime and as she was walking and she slipped over a box in the middle of the isle that an employee had placed there. Ms. Rose says that she did not see the box as a rack was blocking her view. She was in a little hurry, but not distracted.…

    • 330 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Smith filed a complaint in trial court claiming that the store was negligent with maintaining safety of their store. She is seeking damages for injuries that she suffered from the fall. The store claims that Smith is just as much at fault as they are and that she was not paying attention to where she was walking because she was too distracted by her child.…

    • 530 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    John Simons has been employed by the Mall as a security sergeant for four years. Simon’s duties include walking through the Mall to inspect the common areas for substances that could cause customers to slip and fall. Simons was working on June 13th, 2003, and between 4:19 and 4:21 p.m., Simons inspected the area where Patterson later fell and did not see any substance, including cheese that would pose a danger as a potential slip or fall. Had Simons noticed such a substance he would have notified housekeeping to clean it. Simons was informed after 4:25 p.m. that a customer had fallen in the area he had just inspected and he returned immediately to assist Patterson.…

    • 2827 Words
    • 12 Pages
    Good Essays
  • Good Essays

    The question being presented today, is if both parties involved are equally responsible? Ms. Smith does in fact possibly hold some sort of comparative fault in this case. The grocery store did complete their scheduled aisle check just thirty minutes before Ms. Smith slipped. IND. Code Ann. §34-51-2-5 (WEST 1998) states that “in an action based on fault, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimants contributory fault, but does not bar recovery”.…

    • 1007 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Renee Fox Case

    • 631 Words
    • 3 Pages

    The defendant, Renee Fox, has been charged with aggravated robbery under the theory of accountability in Cook County Illinois. The charges arise out of an alleged aggravated robbery committed by Steven Sharp on August 10th, 2016 at Rub’s Backcountry Smokehouse. Fox was arraigned on August 11th, 2016 and is awaiting trial in Cook County Superior Court. The subsequent facts outline the alleged offense and the surrounding circumstances that relate to these charges. This memorandum’s purpose is to determine the likelihood of proving Fox guilty of aggravated robbery under the theory of accountability.…

    • 631 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Dr. Melissa Simon is a professor and a vice chair department of obstetrics and gynecology, and she is doing her fellowship at Northwestern Memorial Hospital including the Prentice Women's Hospital. Melissa grew up in Detroit in a barrio where there was only violence and lack of opportunity. As she was growing up in Detroit she still remembers that there were times where she did not have a roof over her head due to the poverty she was living in and had no support from people who she cared about. Melissa said that “many people told me that I wouldn’t make it through college and I will not have a chance to achieve my dream”. As she was finishing High School one of her teachers told her if she had a plan of her future career plan what she wanted…

    • 417 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Pamela Spencer Case

    • 2177 Words
    • 9 Pages

    Pamela Spencer, the manager of HouseMart in Port Madison, New York was confronted by one of the store’s regular customers, Mrs. Kerns concerning the state of her installed cedar fencing after a severe wind and rain storm had hit the area. Mrs. Kerns had contacted HouseMart’s installation manager earlier that morning complaining of her fence leaning at a 45-degree angle and after the installation manager’s inspection, he found that since the fence had been properly installed there was essentially nothing he could do and suggested to Mrs. Kerns that she should contact her insurance company. Mrs. Kerns was unsatisfied with the installation manager’s response and entered the store later that day to confront Pamela just as the store was preparing to close. Pamela explained to Mrs. Kerns that she should give her the pictures of the damaged fencing so she could look at them personally but there isn’t much she could do at the time because the store is closing, and then suggested that Mrs. Kerns return to the store the following day to discuss the matter further. Mrs. Kerns agreed to return the next day to discuss the issue at length, leaving Pamela in a predicament about what to tell Mrs. Kerns concerning her fencing.…

    • 2177 Words
    • 9 Pages
    Better Essays
  • Good Essays

    Anna Garcia Case

    • 569 Words
    • 3 Pages

    Anna Garcia’s death is a mysterious situation, but with evidence and clues it is coming to close. It all started on August 14, 2012. Anna’s neighbor, Doug Greene, called emergency services after Anna’s dog was barking excessively for two hours. When the police and EMT’s arrived at Anna’s house they had to break the door down. They found Anna lying face down in the entry hallway of the house. Police immediately notified crime scene investigators and a medical examiner. After investigating the scene, persons of interest were verified*. Persons of interest included Alex Garcia (Anna’s ex-husband), Doug Greene (Anna’s neighbor), Erica Piedmont (Alex’s new wife), and Lucy Leffingwell (Anna’s co-owner of their bakery). A series of labs were done following item found at the scene. Fingerprint analysis, blood type analysis, shoeprint analysis, hair analysis, unknown substance analysis, blood spatter analysis, and DNA analysis were the items that were tested.…

    • 569 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    anita cobby case

    • 1873 Words
    • 5 Pages

    Recently, an interesting case of murder involving a young married woman was unravelled by the crime scene team. The collection of evidence and laboratory examination of exhibits provided the corroborative evidence necessary to prove the victim’s in-laws were trying to mislead the Investigating Officer by fabricating a story of looting and murder…

    • 1873 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    1. Whether the plaintiff was guilty of contributory negligence and assume the risk of particular accident?…

    • 488 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    At the Trenton job site on or about October 10, 2012 Anthony Butler (herein Butler) went to the Safety Manager “Larry” to get a pair of gloves prior to work that morning. Butler was informed by Larry, “That he was not supplying him gloves every week because it was not his job”. At that time Butler informed Larry that his hands are too big for the gloves and his were tore. On or about October 16, 2012 Butler again went to Larry for work gloves because the two pairs he had that day were wet and his hands were freezing. Larry stated, “He was not giving them to me and that I needed to take them home and dry them”. Butler informed Larry it was raining out and he needed gloves. Employees from Butler’s crew went to Larry for gloves and received them with no hassles. Butler never did receive any gloves and yet had to continue to perform his job. On October 24, 2012 Butler again went to Larry to get insolated gloves to go inside his work gloves because his were torn and at that time Larry refused to give Butler the insulated gloves and instead gave him water…

    • 2362 Words
    • 10 Pages
    Powerful Essays
  • Better Essays

    Monica Ashley Case

    • 1024 Words
    • 5 Pages

    Why do you think that Monica Ashley was so interested in pushing so hard to implement Project Hippocrates? What made her interested in the project?…

    • 1024 Words
    • 5 Pages
    Better Essays
  • Better Essays

    Ashley Case

    • 960 Words
    • 4 Pages

    From the case description, we know that Ashley is 13 years old, who recently disclosed to one of the teacher's from school that she is scared of her mum's boyfriend who entered into the bath when she was in the bath making sexual remarks . Ashley is concerned that herself and her mum could be exposed at some risks if this information will be passed on. The focus of the assessment must be Ashley, whether the situation could be a potential risk or unmet needs ,or even both of them.…

    • 960 Words
    • 4 Pages
    Better Essays