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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

you are correct to analyze the 4 elements as the way to determine negligence, but all 4 elements are met here; please review the Summary Comments in Content and the Instructor Notes for more details; there was duty, breach )putting the boxes in the hall ws a breach of duty to be areful), causation and harm

defenses are raised only by a defendent, never a plaintiff

needs some clarification - the defense would hae to prove Jack knew of the danger and assumed the risk of injury by vacuuming in the hallway - we never assume the risk on another's negligence and Jack did not assume the risk of A's negligence

this defense requires that Jack is partly responsible for his injuries, such as he re kept vacuuming and walked into the boxes after seeing them, etc.- intentionally injuring himself would not be a defense but would be another situation entirely

they can't both be raised in the same case or same state; states permit one or the other, not both; if you mention comparative negligence,need to explain it and why or how it applies or does not apply here

Learning Activity W2

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).

need in text cites to show the source of the information about defenses

this is a clear negligence case and there is no logial defense

mediation might be a good solution but this is a clear negligence case and Jack has a valid lawsuit

Learning Activity W2

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