Negligence
Mark sued a bank for injuries. He was not paying attention as he entered the bank because he was looking at his phone. And he fell suffering $10,000 in injuries. Prior to the fall, the janitor had buffed the floor. The janitor had an IQ of 70. Normally, the janitor was closely supervised. However, today his manager was extremely tired, and the manager didn’t notice that the janitor had carelessly used way too much floor wax that was extremely slippery. Is the bank liable for the janitor’s negligence (be sure to go through all the elements.) Additionally, note that under the doctrine of respondent superior the bank WILL be liable for any potential negligence of the janitor employee? What defenses will the bank assert? Assume that the jurisdiction does not recognize assumption of risk or contributory negligence. The jurisdiction does recognize the defense of comparative negligence.
The requirements below must be met for your paper to be accepted and graded:
Write between 500 – 750 words (approximately 2 – 3 pages) using Microsoft Word. Attempt APA style, see example below. Use font size 12 and 1” margins. Include cover page and reference page. At least 60% of your paper must be original content/writing. No more than 40% of your content/information may come from references. Use at least two references from outside the course material, preferably from EBSCOhost. Text book, lectures, and other materials in the course may be used, but are not counted toward the two reference requirement.
Reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) must be identified in the paper and listed on a reference page.Reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) must come from sources such as, scholarly journals found in EBSCOhost, online newspapers such as The Wall Street Journal, government websites, etc. Sources such as Wikis, Yahoo Answers, eHow, etc. are not acceptable.
A detailed explanation of how to cite a source using APA can be found here (link).
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NEGLIGENCE
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Case analysis
In order to determine whether bank was liable for the janitor’s negligence, it is important to analyse previous negligence case to establish the requisite elements needed to file the case in the court of law. Since the client is seeking advice from a professional, it is important to consider several way of presenting evidence and testimony.
- First, Mark entered the bank while concentrating on the phone and since the janitor had used way too much floor wax, the floor became extremely slippery thus making Mark to slipped and suffered $10,000 in injuries.
- Bank manager knew that janitor had IQ of 70 and needed close supervision during cleaning process, but since the manager was extremely tired, he/she didn’t noticed that janitor had used excess floor wax.
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