Case Study Of Camper's Negligence

Improved Essays
Laws

Negligence.
I. First element. General duty of care imposed to act as reasonable prudent person would in similar circumstances.
• The merchandise was not properly secured by the store employees. Camper’s Discount Warehouse has the duty to create inside the store a safe environment for its clients.
II. Second element. The breach of duty imposed by statute or by the application of the reasonable person standard.
• The store employee did not follow the correct procedures on how to properly secured the merchandise, in other words he acted negligently.
III. Third element. Causation. The element that connects the duty and the breach of duty to the injuries to the plaintiff.
• The store employee’s negligent behavior was the cause for Laura’s injuries.
IV.
…show more content…
Fourth element. Damages.
• Past and future pain and suffering. (mental anguish)
-Laura is going to need therapy to help her overcome her fear of entering a store without the feeling of something falling on her.
-The memory loss she is suffering can wreck her personal life in different ways, and the life of those who support and love her. She could also lose her business as a result of her forgetting how to perform her

Related Documents

  • Improved Essays

    The auditors could have detected this embezzlement and fraud by performing additional audit procedures for cash and inventory. With respect to cash-skimming scheme, the auditor could investigate further on the “Office” line item of certain cash report sheets by inquiring the company’s personnel and the management. Similarly, the auditor could also use analytical procedures to gain an overall assessment of sales and profitability across individual stores. Because the cash receipt was taken into consideration in determining sales and profitability of stores affected by the embezzlement, stores that consistently exhibit relatively lower sales and profitability may raise auditor’s eyebrows. Additionally, since the cash-skimming operation was not…

    • 774 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Reasonable suspicion occurs when a “reasonably prudent person” would believe that the suspect’s actions show an intent of removing or consuming items belonging to the store without paying for it. Brown v. Winn-Dixie Atlanta, 389 S.E.2d 530, 532 (Ga. Ct. App. 1989); Kresge Co. v. Carty, 169 S.E.2d 735, 738 (Ga. Ct. App. 1969). Lingering around the store with no sense of purpose is considered reasonably suspicious behavior.…

    • 741 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Mr. O’Donnell can successfully allege a claim in the state of Arkansas asserting false-light invasion of privacy against Ms. Lyubov and the Arkansas Democrat-Gazette. Whether or not Sarah Lyubov published the article with knowledge of the falsity of her statements or with reckless disregard of the facts can be proven either by if she showed purposeful ignorance regarding the falsity of the facts or if she entertained serious doubts if the facts were truthful through clear and concise evidence in both Ms. Lyubov’s statements regarding the publication and Ms. Lyubov’s actions, or lack thereof, in regards to the arrest reports. Also, the cause of action can be successfully filed because there is a three year statute of limitations in the state…

    • 1960 Words
    • 8 Pages
    Great Essays
  • Great Essays

    Est1 Task 5.2

    • 972 Words
    • 4 Pages

    5.0 Enforcement 5.1 Should an employee be in violation of Health and Safety Policies and/or Procedures, disciplinary action will be taken in accordance with the General Pipe Disciplinary Policies and Procedures. 5.2. General Pipe expects all supervision including foremen, general foremen, superintendents and management to equally participate in correcting unsafe acts and conditions and in enforcing discipline throughout the company. It is the duty and obligation of supervision to do all jobs within safety and health guidelines. 5.3 Disciplinary action shall be taken as a result of safety violations.…

    • 972 Words
    • 4 Pages
    Great Essays
  • Improved Essays

    Walmart Observation

    • 575 Words
    • 3 Pages

    On the above date I responded to Walmart to back-up Sgt. Lush on a retail theft. While inside of the store I was advised by Walmart Loss Prevention Officer, Chris Hoerl, that a White male subject, who stole from the store earlier in the day with Sgt. Lush's prisoner, was next to the deli. Hoerl led me to the subject and positively identified him.…

    • 575 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    On the above date and time Officer Peal and I responded to Walmart, reference a trespasser. Dispatch advised me to male contact with the complainant, Marion Edwards, in the loss prevention office. Edwards had a subject detained and he was requesting a trespass warning to be issued. Upon arrival, I made contact with Edwards in the loss prevention office.…

    • 215 Words
    • 1 Pages
    Improved Essays
  • Superior Essays

    Niles Case Study

    • 1594 Words
    • 6 Pages

    Niles had every right to file a lawsuit against the City of San Rafael because there was a breach of duty that caused foreseeable damage to the Kelly. If Kelly would have suffered no harm, then that would have not been grounds to sue. Mr. Niles won the case because he was able to prove that all four elements of negligence were present. Mr. Niles was able to prove that duty of care was not properly conducted. Duty is defined as the legal obligation of care, performance, or observance to safeguard the rights of others.…

    • 1594 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Task A Presentation - Power point uploades individualy Aiv A comparison of the differences in the main health and safety responsibilities of each of the following: a) Social care worker – Responsible for…

    • 1574 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Negligence Case Study

    • 745 Words
    • 3 Pages

    Question 1 Area of the Tort law: Negligence Liability Material Facts: Benji v Parramatta Storms Rugby League Club, Jack and Bronco (Personal Injury- Head)/ Negligence act. Benji (Plaintiff), a first grade league player of Western Tigers Rugby League Football Club was severely injured following a spear tackle by Parramatta Storms Rugby League Club’s (first defendant) players Jack and Bronco (second and third defendants). Benji was therefore forced into career retirement at his peak due to negligent acts of the defendant. Subsequently, National Rugby League charged the second and third defendant with having made a dangerous throw, to which they pleaded guilty. Issues: The most pertinent issue at hand is the fact that whether the defendants…

    • 745 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Yadira Pichardo Assignment #1 Criminal Law Scenarios Read each of the following scenarios and answer the question(s) after each. Save this document to your computer; you will need to rename it, then type your answers on this document. Upload the document to the Assignment page: 1. John Lions was shopping at Target. He had a number of items in his cart when he approached the checkout counter.…

    • 948 Words
    • 4 Pages
    Great Essays
  • Superior Essays

    Retail Alarm System

    • 1396 Words
    • 6 Pages

    Improving the Retail Alarm System According to the National Shoplifting Prevention Association (NASP), retail stores across America roughly lose over 30 Billion dollars due to shoplifting. Working for a retail store for almost 3 years now, I have come to witness many different shoplifting experiences. An experience that comes to mind was when two tall men walked out the store having both arms filled with purses. And all we could do is watch them walk out the store with all those merchandise. As a retail associate we are not allowed to physically touch customers and we cannot follow them outside the store due to safety reasons, however, lost prevention (LP) can do those things.…

    • 1396 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Robin Kincaid Case Study

    • 671 Words
    • 3 Pages

    The court will likely find that Robin Kincaid is not precluded for recovery for her false imprisonment claim against Barclay’s Department Store. False imprisonment is the unlawful detention of the person of another, for any length of time, whereby such person is deprived of their personal liberty. However, a plaintiff can be barred from recovery under the Georgia state law. A store is not liable for false imprisonment if the store: (1) had reasonable cause to detain a person; (2) detains that person; (3) conducts detention in a reasonable manner; and (4) conducts detention for a reasonable time. Ga. Code.…

    • 671 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Introduction In order to establish criminal liability, the actus reus must generally be proved. The actus reus of an offence are comprised with the prohibited conduct, the relevant circumstances, the consequence and causation. Causation is one of the four elements of actus reus. Causation in the criminal context is concerned with the legal attribution of criminal responsibility for consequences.…

    • 1475 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Essay On Tort Law

    • 706 Words
    • 3 Pages

    The first element is known as the “duty of care.” A duty of care arises when the law recognizes a relationship between two parties, and in this relationship, one party has a legal obligation to act in a certain manner toward the other. The second element is a breach of the duty of care. A person or entity (such as a business or government agency) breaches the duty of care by not exercising reasonable care in fulfilling the duty. The third element is causation.…

    • 706 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    In recent events, James Liang, an employee of 30 years for Volkswagen, came forward admitting to using software to deceive emissions tests in the United States for Volkswagen’s diesel engines. The engines, on average, produce 40 times the legal limits on emissions. After undergoing investigation, it was found that Volkswagen had been involved in this scandal since 2006. In response to public outcry the company has recalled all models using this engine and set aside 16 billion dollars to fix their mistake. However, for Liang after admitting his guilt, he intends to help bring others responsible for the scandal to light.…

    • 944 Words
    • 4 Pages
    Superior Essays