BUL 5662 Lecture Notes - Lecture 7: Tarpaulin

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Published on 1 Apr 2017
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4–1. Liability to Business Invitees. Kim went to Ling’s Market to pick up a few items for
dinner. It was a stormy day, and the wind had blown water through the market’s door each time
it opened. As Kim entered through the door, she slipped and fell in the rainwater that had
accumulated on the floor. The manager knew of the weather conditions but had not posted any
sign to warn customers of the water hazard. Kim injured her back as a result of the fall and sued
Ling’s for damages. Can Ling’s be held liable for negligence? Discuss.
In this case, Ling would be liable because she is the store owner. She needs to consider the
public and make sure that it is safe for them to be inside. A reasonable store owner would know
that they need to fix any dangerous situation like water puddles that make the entrance slippery.
Ling failed to do so which makes her liable.
4–6. Negligence. Ronald Rawls and Zabian Bailey were in an auto accident in Bridgeport,
Connecticut. Bailey rear-ended Rawls at a stoplight. Evidence showed it was more likely than
not that Bailey failed to apply his brakes in time to avoid the collision, failed to turn his vehicle
to avoid the collision, failed to keep his vehicle under control, and was inattentive to his
surroundings. Rawls filed a suit in a Connecticut state court against his insurance company,
Progressive Northern Insurance Co., to obtain benefits under an underinsured motorist clause,
alleging that Bailey had been negligent. Could Rawls collect? Discuss.
If a person meets an accident due to the negligence of the other driver, they would not be the one
that is penalized. However, their insurance will go up and there can be come consequences. In
terms of the law, they did not do anything wrong.
4–7. Negligence. Charles Robison, an employee of West Star Transportation, Inc., was ordered
to cover an unevenly loaded flatbed trailer with a 150-pound tarpaulin. The load included
uncrated equipment and pallet crates of different heights, about thirteen feet off the ground at its
highest point. While standing on the load, manipulating the tarpaulin without safety equipment
or assistance, Robison fell headfirst and sustained a traumatic head injury. He filed a suit against
West Star to recover for his injury. Was West Star “negligent in failing to provide a reasonably
safe place to work,” as Robison claimed? Explain.
Negligence is the failure to exercise the standard of care that a reasonable person would exercise
in a similar circumstance. West Star Transportation should have provided a safer place to work,
but they failed to do so.
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Document Summary

Kim went to ling"s market to pick up a few items for dinner. It was a stormy day, and the wind had blown water through the market"s door each time it opened. As kim entered through the door, she slipped and fell in the rainwater that had accumulated on the floor. The manager knew of the weather conditions but had not posted any sign to warn customers of the water hazard. Kim injured her back as a result of the fall and sued. In this case, ling would be liable because she is the store owner. She needs to consider the public and make sure that it is safe for them to be inside. A reasonable store owner would know that they need to fix any dangerous situation like water puddles that make the entrance slippery. Ling failed to do so which makes her liable. Ronald rawls and zabian bailey were in an auto accident in bridgeport,

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