Samantha Smith Memo
Ind. Code. Ann. § 34-51-2-5 (West 1998).
CONFIDENTIAL
F: Ms. Smith slipped on a clear shampoo at 1:30pm.The last inspection was done at 12:45pm leaving 45 minutes since the last inspection. The employee is an older man with glasses. Ms. Smith had her 2 year old son with her at the time and he was allegedly misbehaving.
I: Will Ms. Smith be able to recover for her losses from the slip and fall?
R: 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 claimant's contributory fault, but does not bar recovery
A: If the claimant is found to be more at fault than the defendant, the claimant will be barred from recovery.
C: By leaving the isles unattended to for 45 minutes, and judging by the fact that the employee is an older man with glasses that may have over looked the spill I believe that the store is at fault. If Ms. Smith was at all distracted when she slipped, that does not make her more at fault than the store because had they made a reasonable effort to keep the floors clean it would have never been there. There for she is still eligible for recovery.
Fla. Stat. Ann. § 768.81 (West 2011)
The Florida Statute 768.81 states that contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery. Apportionment of Damages - In a negligence action, the court shall enter judgment against each party liable on the basis of such party’s percentage of fault and not on the basis of the doctrine of joint and several liability.
CONFIDENTIAL
F: Ms. Smith slipped on a clear shampoo at 1:30pm.The last inspection was done at 12:45pm leaving 45 minutes since the last inspection. The employee is an older man with glasses. Ms. Smith had her 2 year old son with her at the time and he was allegedly misbehaving.
I: Will Ms. Smith be able to recover for her losses from the slip and fall?
R: 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 claimant's contributory fault, but does not bar recovery
A: If the claimant is found to be more at fault than the defendant, the claimant will be barred from recovery.
C: By leaving the isles unattended to for 45 minutes, and judging by the fact that the employee is an older man with glasses that may have over looked the spill I believe that the store is at fault. If Ms. Smith was at all distracted when she slipped, that does not make her more at fault than the store because had they made a reasonable effort to keep the floors clean it would have never been there. There for she is still eligible for recovery.
Fla. Stat. Ann. § 768.81 (West 2011)
The Florida Statute 768.81 states that contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery. Apportionment of Damages - In a negligence action, the court shall enter judgment against each party liable on the basis of such party’s percentage of fault and not on the basis of the doctrine of joint and several liability.