Issue Spotting Scenario: Torts

 

Scenario

John’s wife is suffering from a severe cold and can’t stop coughing and sneezing. At 9:00pm, John decided to go to the supermarket and buy some cold medicine for his wife. John arrived at the supermarket and started looking for the aisle with the cold medicine. He was walking down the aisle with the frozen food coolers, looking at the signs, when he suddenly slipped in a pool of muddy water on the floor next to the ice cream freezer. John lay in the water in intense pain from an injury to his knee. Another customer saw the fall and called for help from the store employees. John was transported to the hospital by ambulance with a severe injury to his right knee.

Directions

You are the Store Manager. Review the above scenario and answer the following questions.

1. Which of the facts in the scenario would be important in determining if a legal issue existed?
2. If a legal issue exists, is the issue a civil, criminal, or administrative issue?
3. What actions should the employees have taken after John’s fall?
4. What type of tort is indicated by the scenario?
5. List the elements of the cause of action and apply the facts to each element.

Submission

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