The state of texas demands

Assignment Help Business Law and Ethics
Reference no: EM13756484

The Law of a Premises Liability case in the State of Texas demands that the Plaintiff must prove:
a. The premises (at Fort Bend Grocery) were dangerous or extra hazardous
b. That the owner of the premises (store) knew about the dangerous or extra hazardous condition
or they should have known
c. That the owner of the premises failed to reduce or eliminate the harm
d. Plaintiff was injured as a result of a, b, and c.
Is Fred Falldown's case an example of comparative negligence?
Based on the summary of facts and findings as set out above, take the side of the Plaintiff or the
Defendant and set forth arguments why your side should win and how much monetary damages,
if any, should be awarded by a judge or jury and in what amounts for each element of damages
such as medical expenses, pain and suffering, lost wages in the past and in the future. Please
explain the relevant legal principles and from the specific Texas law above and how they should


be applied to these set of facts from either the perspective of the Plaintiff or Defendant. Note:
this is not a case of Res Ipsa Loquitur.
Go with your instincts for the side that you are most comfortable with and give your best
explanations and analysis. There is not an absolute clear-cut answer, but your task is to convince
a jury or judge why you should win. And would you be willing to settle? Or go to trial? If so,
how much would you be willing to accept as a settlement if you represent the Plaintiff or how
much are you willing to pay to settle the case if you are the Defendant? Or is your side willing to
go to trial and why? In which court would you file your lawsuit? And why that court? Are there
any crimes committed in these facts? Any criminal liability? Any punitive damages? If the
parties want to attempt settlement, should they use mediation, arbitration or some other method?
Based on the "Checklist for Deciding Whether to Sue" on page 94, is this case worthy of filing from the perspective of the plaintiff?

Please answer or comment on ALL issues and questions set out in this "question" from the perspective of your choice in order to get full credit. You are encouraged to offer constructive comments or counter-arguments to others' posts. I read all posts.
The Law of a Premises Liability case in the State of Texas demands that the Plaintiff must prove:
a. The premises (at Fort Bend Grocery) were dangerous or extra hazardous
b. That the owner of the premises (store) knew about the dangerous or extra hazardous condition or they should have known
c. That the owner of the premises failed to reduce or eliminate the harm
d. Plaintiff was injured as a result of a, b, and c.

In Texas, we follow the legal principle of "comparative negligence." Example: after hearing all the evidence, the jury finds that the plaintiff and the defendant are both negligent; defendant - 80%; plaintiff - 20% and awards $10,000.00 in monetary damages. That jury award will be reduced by the plaintiff's 20% negligence. Therefore the plaintiff will only recover $8,000.00. If plaintiff and defendant are both 50% negligent then plaintiff would only recover $5,000.00 of the total $10,000.00. If the plaintiff is found to be 51% negligent or more, then the plaintiff is "more negligent than the defendant" and recovers zero. Is Fred Falldown's case an example of comparative negligence? 

Reference no: EM13756484

Questions Cloud

The contract disputes act : Provide your opinion as to whether or not the Contract Disputes Act overlaps the FAR's Standard Disputes clause. Justify your position. Suggest language that would merge the two (2) acts, thus streamlining the dispute process and making it timelier.
Recently launched a quality improvement initiative : Identify a business that has recently launched a quality improvement initiative (Harley Davidson would be just one of many examples). Your business could be one that is primarily product-providing or one that is primarily service-providing. Do some i..
Most comprehensive : Which of the following is the most comprehensive?
Patient-centric management systems : Patient-Centric Management Systems-Suggest a significant advantage to integrating a computerized physician order entry system (COPE) and a clinical decision support system (CDSS), as part of an organization's EHR. Provide support for your rationale
The state of texas demands : In Texas, we follow the legal principle of "comparative negligence." Example: after hearing all the evidence, the jury finds that the plaintiff and the defendant are both negligent; defendant - 80%; plaintiff - 20% and awards $10,000.00 in monetary d..
Describe what elements of s services cape : Bayside General Hospital is trying to streamline its operations. A problem-solving group consisting of a nurse, a technician, a doctor, an administrator, and a patient is examining outpatient procedures in an effort to speed up the process and make i..
How the government can use prevention and resistance : Analyze how the government can use prevention and resistance technologies to safeguard its employees from hackers and viruses
Using three computerized numerical controlled : The Elon company manufacturer’s parts for an aircraft company using three computerized numerical controlled (CNC) turning centers. The company wants to decide which machines are capable of producing a specific part with design specifications of 0.097..
What are the risks associated with backdoor : What are the risks associated with backdoor (maverick) buying and selling? Why is purchasing interested in controlling this business practice?

Reviews

Write a Review

 

Business Law and Ethics Questions & Answers

  Contemporary issues affecting the criminal justice system

write a 1500 word paper in which you select 3 trends one past present and future trend of the criminal justice system.

  Open a competing company against the original company?

10 new shareholders purchase their shares when the company was in a financial difficulty. What kind of equitable remedies could be used by those 2 new shareholders? If one of these 2 new shareholders has started a competing company, is that ok? Is a ..

  Write 400-600 words that respond to the following

write 400-600 words that respond to the following questions with your thoughts ideas and comments. be substantive and

  Darlington wants to build recreational centre

Darlington wants to build recreational centre, places ad in local paper, requests contractors submit tenders - must be received by June 15, 4pm, irrevocable after received R submits tender, but after deadline realizes he made miscalculation, bid gros..

  Look at what philosophical underpinnings may have

after reading the landmark decisions of plessy v. ferguson 163 u.s. 537 1896 and miranda v. arizona 384 u.s. 436 1966

  Part of domestic or municipal law

Explain this statement and give particular examples of treaties ratified by the Australian government which have become part of domestic or municipal law.

  The juvenile explained that the victim had invited him to

a 12-year-old boy was caught in the act of sexually assaulting a 14-year-old female acquaintance by the victims

  Do you think that this theory is still significant to

in 4-5 paragraphs address the following what are the main components of the broken windows theory? explain.how do you

  Absorb losses during future periods of financial distress

Dodd -Frank, the Collins Amendment, is intended to ensure that "financial institutions hold sufficient capital to absorb losses during future periods of financial distress.

  Ethical marketing in a consumer oriented world

Ethical marketing in a consumer oriented world: Appraisal and challenges

  The sarbanes-oxley act is intended to increase the

1 which of the following powers do administrative agencies typically have? statute interpretation law enforcement and

  Discerning relevant evidence is an important government

discerning relevant evidence is an important government function. the prosecution has the duty to turn over exculpatory

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd