Essay on "Tws Liability Ms. Jones Slipping"
Essay 2 pages (809 words) Sources: 4
[EXCERPT] . . . .
However, the facts as they do exist do not favor TWS all that much.Verdict
What is clear from the facts above is that both Ms. Jones and TWS, both in their own ways, contributed to the accident. The verdict for this case would depend on what state the case is being tried in. If the case is being held in Alabama, Washington DC, Maryland, North Carolina or Virginia, the ruling would have to be for TWS and against Ms. Jones because those states follow the rule of contributory negligence ("Car accident defenses:," 2012). What this would mean to Ms. Jones is that if she is at fault in any way, she would be unable to recover any damages from TWS.
If, on the other hand, the states in question follows the practice of comparative negligence, then it is pretty clear that it comes down to how much Ms. Jones is at fault and how much TWS is at fault. Since TWS specifically raised comparative negligence as a defense, it stand to reason that this is the prevailing legal doctrine. To that end, the judge should rule that TWS is 50% at fault and that Ms. Jones is 50% at fault. The Latin term for this is in pari delicto ("In pari delicto," 2011). As such, Ms. Jones would recover one half of her requested judgment for medical bills related directly to the accident at TWS but not all of monies she spent because she does not have clean hands. Clean hands is a legal doctrine that stipulates that people that contribute to or cause their own misfortune stand to lose some or all of their rights to recover damages or otherwise take legal action.
Conclusion
At the end of the day, Ms. Jones certainly was a victim to negligence on the p
download full paper ⤓
References
Car accident defenses: Contributory and comparative negligence. (2012). Retrieved from http://www.nolo.com/legal-encyclopedia/car-accident-defenses-contributory-comparative-30148.html
In pari delicto legal definition. (2011). Retrieved from http://legal-dictionary.thefreedictionary.com/In
pari delicto
Unclean hands legal definition. (2011). Retrieved from http://legal-
dictionary.thefreedictionary.com/unclean hands
Why subcontractors need to understand indemnity. (2003). Retrieved from http://www.masonrymagazine.com/6-03/legal.html READ MORE
Quoted Instructions for "Tws Liability Ms. Jones Slipping" Assignment:
“Scenario: Submitting an Analysis Assume the following facts:
On July 15, Ms. Jones goes to The Wonderful Supermarket (“TWS”) to shop for groceries. While walking in, she slipped on a banana peel and suffered “soft tissue” injuries to her back. The banana peel was located just outside the entrance to the supermarket. The banana peel is brown and squished. Ms. Jones went to TWS during a time when the store was not busy. The store employs twenty workers, all of whom work inside the store. TWS also employs a cleaning company to clean the outside parking lot, curb and entrance way at 9:00 a.m., 2:00 p.m. and 7:00 p.m. Ms. Jones fall occurred at approximately 11:30 a.m. Ms. Jones is nearsighted and wears glasses. However, because she does not enjoy wearing them, she only uses the glasses for driving. Further, approximately six months before the accident at TWS, Ms. Jones twisted her back and suffered soft tissue injuries. She went to two months of physical therapy and got better, although she continued to suffer from minor aches and pains.
Ms. Jones brings a lawsuit alleging negligence on the part of TWS for failing to maintain a safe entryway to the store. TWS claims that it was not negligent and further, even if it was negligent Ms. Jones’ injuries were not caused by the negligence. Further, TWS claims Ms. Jones was comparatively negligent.
Put yourself in the position of a Judge and write a decision in which you decide the case for the plaintiff or defendant. Please support your decision with citations to the readings, resources and applicable case law. You should discuss each of the elements and any defenses.
This paper should be 1–2 pages in length, and resources should be cited using APA format.
How to Reference "Tws Liability Ms. Jones Slipping" Essay in a Bibliography
“Tws Liability Ms. Jones Slipping.” A1-TermPaper.com, 2012, https://www.a1-termpaper.com/topics/essay/tws-liability-ms-jones-slipping/1312987. Accessed 5 Oct 2024.
Related Essays:
Jones Model Research Paper
Frederick Jones' Model
Should instruction be terminated when discipline is needed?
Instruction should be put on hold until the class is 100% alert to what is being presented by the… read more
Research Paper 3 pages (1185 words) Sources: 3 Style: APA Topic: Education / Teaching / Learning
Liabilities in the Case at Hand Term Paper
Liabilities
In the case at hand, the CPA firm of Good and Good donate the preparation of one tax return for the silent auction of a local non-profit organization. Typically,… read more
Term Paper 3 pages (819 words) Sources: 3 Topic: Economics / Finance / Banking
Liability the Case With Virginia Pollard Case Study
Liability
The case with Virginia Pollard is showing how Teddy's Supplies is facing major legal challenges from the sexual harassment lawsuit. This is in spite of the New Jersey Supreme… read more
Case Study 3 pages (1331 words) Sources: 3 Topic: Law / Legal / Jurisprudence
Liability Issue in School Essay
Liability Issue in School
According to U.S. Department of Education, safety at school is a fundamental element in a good performance of students in a school. The reasons why safety… read more
Essay 5 pages (1715 words) Sources: 3 Topic: Crime / Police / Criminal Justice
Liability Discussion to What Extent Thesis
Liability Discussion
To what extent, if any, do you believe institutions should be liable to their students? Should there be above average liability?
Schools are often said to be 'in… read more
Thesis 1 pages (454 words) Sources: 3 Style: APA Topic: Education / Teaching / Learning
Sat, Oct 5, 2024
If you don't see the paper you need, we will write it for you!
We can write a new, 100% unique paper!