1st project

Learning Activity W2 2

Learning Activity W2

TO: Winnie James, Ralph Anders

FROM: Daeyoung Yoo

DATE: 26 March 2022

RE: Clean Negligence Risks and Liabilities

1. Jack is the company employee, and he had to face a serious injury because of two boxes placed by Client's An employee. After analyzing the facts, it is assumed that Jack cannot have a negligence claim against the client. The negligence claim must have the four components to prove the negligence of another company. These components include duty, breach, causation, and harm. No doubt, Jack has the causation and harm during the case, and these can be used to prove the negligence claim, but he does not have breach information. The breach could occur if the client promised him that there would be no barriers on the way. It is important to understand that it will come in comparative negligence if a negligence claim is filed (FindLaw, 2019)

2. If Jack raises the negligence claim against the client, he must have enough conditions and defenses against client A. on the other hand, client A has different potential defenses against Jack. The possible defenses against the employee are assumption of risk, contributory negligence, and comparative negligence. The assumption of risk states that the employee should know that the pathway cannot be cleared of the people and the obstacles. No doubt, he ensured that there was nothing in the hallway, but he just had it in his mind that there might be the people or the other instruments. Moving on, contributory and comparative negligence can both be raised as a defense. The contributory negligence may claim that Jack broke his ankle to avoid the work and take a rest. The client may raise the defense that Jack should admit his mistake, and there will be an investigation against the workers of client A. Jack will also be shown his fault if there is the employee's fault. It should be noted that the client may have to raise the potential defense because Jack did not have any deal or duty with the client, and he is not responsible for the loss.

3. After determining the facts and the legislation, it is observed that the situation is not recommended for the lawsuit. Both the parties should cooperate and should analyze the laws. It might be possible that both parties resolve the issue by discussion. The lawsuit will require the complete demonstration of the facts, and the loss will be compensated by client A. If the loss has to be compensated, the negligence from Jack will also be demonstrated. Both the parties will be at risk of reputation damage. For this purpose, it is recommended that the parties should inform the negligence claim and the defenses. The client may offer compensation in the form of treatment. It was a minor fracture, and no major surgery was needed in this case (Saylor Academy, 2012).

Reference

FindLaw. (2019, September 30). Elements of a Negligence Case. Retrieved March 26, 2022, from https://www.findlaw.com/injury/accident-injury-law/elements-of-a-negligence-case.html

[Saylor Academy]. (2012, June 26). Saylor.org BUS205: “Business Law” [Video]. YouTube. https://www.youtube.com/watch?v=_KHIWhwj5as&feature=youtu.be