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negligence and tort law
I need to solve this Q
i want more then 700 word
Welcome to your Mid-term.The exam consists of two questions, each of which is worth 150 points. Remember that this exam is being taken on the Honor Code.Therefore, I expect that this will be your original work.If you do quote another source, please cite that source and give it the proper authentication as is required.
This exam is due on THURSDAY at 5:30.
Finally, perhaps most importantly, please think before you write.
Question One150 points:
Robin Banks joined the European Health Spa.The European Health Spa (EHS) is located in Del Mar, California.On June 30, 2016, Robin slipped on an unknown substance while entering a shower at the Spa.Robin testified that she had used the Spa’s facilities on approximately 25 occasions prior to her fall and that on each occasion the showers had been slippery, filthy and dirty.Furthermore, she stated that she had slipped on some of these occasions due to these circumstances.She admitted that on the day of the accident she did not look down at the condition of the shower, the step or the floor.Rather, she simply took a step into the shower and fell.
The shower area was maintained by a company named Maintenance ‘R Us. They used a new cleaner in the shower area and left the place is an unfinished condition. There was soap in the area. EHS employees warned the management about the condition and management placed a call to MRU. The fall happened while some construction was also taking place. The restoration company was owned by Russ Toleum. The company was hired to complete a repair/rehab of the spa. The foreign substance was either soap or silicon or something else as no one seems to know.
Robin has contacted your offices and asked you for assistance.You are attorney, Dewey Cheatham, from the notorious personal injury law firm in town.You have been asked to evaluate Robin’s case for her. She wants to know whether or not you will take this case on a contingency.Please discuss that and please discuss her chances of winning. Whom can she sue and why?
You will recall that in the classroom we discussed that an attorney from time to time uses a four-way cross over.I anticipate that you will consider utilizing a four-way cross over to explain all of the rights and responsibilities.However, please understand that the focus of this question really is as to the rights and liabilities of the parties.Specifically, does Robin have a claim or cause of action against the Spa? Against Maintenance? Against Russ? Please tell me what cause of action and how, if at all you, can prove the cases against the various entities involved. If this was done by an employee and not an outsider would that change things?If so, how?
Remember that this is California and that there is a specific type of negligence law here.Please discuss the fact that she needs to have a cause of action and what goes into having a cause of action.
Question Two – 150 Points
Phil O’Dendrum owns a flower shop. Kris Anthemum was in the process of delivering flowers for Phil on June 24, 2018 when she had an accident. The shop was located in Santee and the delivery was to be made in Lemon Grove which is approximately 12 miles away. She was driving her car in a northbound direction on Elm Avenue, in Del Mar (22 miles away) at the time of her collision. She was on Elm when she saw a child playing on the sidewalk. She then saw the child dart into the street in front of her while chasing a ball. She hit the child, Rick Shaw, and caused serious medical issues, to wit, a fractured tibia, femur and a concussion.
Kris got out of the car and saw that the boy was in the middle of the street and in a dangerous position in relation to other traffic. She went to help him and as she lifted the boy she ruptured a disc in her lower back.
The lawyer for the boy, aged 8, is Dan Druff. He alleges that Phil is automatically responsible for the boy’s injuries.
What are the rights of the boy (or his parents)? Whom can they sue and why or how? Please be very detailed in your analysis.
Does Kris have and rights? Why or how?