Reference no: EM133890931
Legal & Ethical Issues in Management
Case Studies Selection
The following three Case Studies are hypothetical simulations related to business tort situations. Choose ONE of these to complete your Week 6 Assignment. References to support your analysis and conclusion for recommendations should be drawn from your research using relevant Course Learning Materials and additional research from other credible sources. The Assignment directs sources that must be used as well as your own research.
Case Study - Scenario 1
Slip and Fall on Business Premises
[Common Law Tort Applies]
Fact Pattern:
Floria Fortune, a 45-year-old customer, visits a popular café owned by your company. While walking to her table, she slips on a wet tile floor, falls, and fractures her wrist. The café's own policy requires "Caution: Wet Floor" signs after cleaning, but on this occasion, the sign was missing due to an oversight by a new employee.
Security footage reveals Jane was distracted by her phone while walking at the time of the fall and therefore may not have noticed the visibly damp floor. Jane files a lawsuit against the company alleging negligence, seeking
$10,000 in medical expenses and $25,000 for pain and suffering.
What is the company's liability? Get affordable and professional assignment help service now!
The café's insurance company raises the possibility of arguing comparative negligence as a mitigating defense, because of Jane's distraction on her phone. Is that a viable defense?
The case also raises proximate cause questions: was the café's failure to display the sign the sole cause of her injuries? Was the sign required?
Evaluate the café's legal risks illustrated by the case study including ethical implications of blaming a customer. Recommend a legal and ethical resolution.
Ouestions to incorporate into your presentation:
The following guidance will help you develop your analysis of this case study for the elements outlined in the Assignment.
Evaluate law C legal risk (CO-1, LO-1.2, LO-1.5):
What tort principles apply?
What are the primary legal risks under tort law associated with this incident?
How does the principle of proximate cause apply to the café's liability?
What elements of negligence are present in this case? Was the café's failure to display the "Wet Floor" a breach of duty?
How might the concept of comparative negligence influence the outcome of the case? Is the insurance company's suggestion something the company should consider?
What ethical considerations arise from potentially blaming the customer for the accident?
How should the café balance legal defenses with maintaining customer trust and goodwill?
Recommend a resolution (CO-5, LO-5.3):
Recommend a resolution for this case to minimize legal liability, align with ethical standards, and action going forward for the company from lesson learned from this event.