Assignment
melonssp
negligencereport.edited.docxTO: Winnie James, Ralph Anders
FROM: (Student’s name)
DATE: August 30, 2018
RE: Green Clean Negligence Risks and Liabilities
Injury to GC employees occurring during the performance of cleaning services on clients' commercial property
Cleaning of the commercial property as part of the duties of the employees should be done in an environment that is safe for working and the use of equipment that is safe for use. An employee could slip and fall while cleaning a room or outside a building at Green Clean and end up fracturing their body parts like the hand or leg. The employee will sue GC if the company fails to pay for the hospital expenses and blames the employee for the fall. In tort law, most suits do not base their arguments on the intentional fault of the defendant as is the case in criminal law (Geldart, 1984). Tort suits are based on the fact that the defendant was negligent where the acts and circumstances can be deemed to be careless which could cause injury or pose unnecessary risks to their employees. An example is where GC could have floor tiles which are slippery without having a rough exterior to protect the employees while cleaning.
Injury to any GC office employee working within the scope of his/her job occurring during business hours in GC’s public offices.
The company will be held liable in the event that an employee is injured working within the scope of their job and during business hours. The employee is performing the duties that he/she is supposed to be doing as instructed by the employer. An example is where an employee could use a tool that could fall and hurt him/her like a hammer. The employer must ensure that the tools used do not pose a risk to the employee whatsoever (Elements of a Negligence Case 2018). The employees should be provided with the right gear that could prevent them from getting hurt once the hammer drops on their legs. GC if found liable by a court of law will be required to spend additional costs on the purchase of safe equipment and protective gear for the employees. GC will also be required to pay for the damages and the injuries sustained by the employee.
Injury to any GC customers occurring on the premises of the GC's public offices
The law of premises liability will be applicable in such a scenario where customers get injured while coming to obtain services from GC (Premises Liability 2018). The traditional approach to this is the slip and fall whereby the customers could fall in the public offices of GC. They could lodge a suit against the company by claiming that a dangerous condition existed before and the owners failed to take reasonable care by letting the harmful situation continue to exist. An example of a case where a customer was injured while receiving the services of a company is Whitlock v. University of Denver 744 P.2d 54 (Supreme Court of Colorado1987).
A specific example is whereby a store like Walmart hangs a signboard on the ceiling at a height that could affect people above 5'9. A customer who is above that height may be hit by the board and hurt his/her eye. The customer can sue the company for having a dangerous condition which they have not taken reasonable care to rectify.
References
Elements of a Negligence Case (2018). Case https://injury.findlaw.com/accident-injury-law/elements-of-a-negligence-case.html accessed on August 30, 2018
Geldart, W. (1984) Introduction to English Law 146. D.C.M. Yardley ed., 9th ed.
Whitlock v. University of Denver 744 P.2d 54 (Supreme Court of Colorado 1987).
Premises Liability. (2018). https://www.nolo.com/legal-encyclopedia/what-premises-liability.html accessed on August 30, 2018
