Reference no: EM133308628

Question 1: The exits in a small store are poorly marked. A fire breaks out in the store, and the main exit becomes blocked by the flames. The store employee rushes out the back door without assisting the sole customer in the store. The customer cannot find the exit and suffers smoke inhalation and minor burns by the time she is rescued by firefighters.

a. What legislation governs the liability of the store owner?

b. The customer plans to sue for $25,000 in damages. The customer wants a trial before judge and jury. Is this possible? Explain.

c. If the customer sues the store owner and the employee in negligence, who will have the burden of

proof? What would be the burden of proof? Be specific and identify who has the burden (full name), their "status in the legal action" (what they will be called in the action), and the specific legal burden of proof.

Question 2: The client purchased a new snowblower. The client used the snowblower but found that ice was getting caught in the blades. While the engine was still running, the client tried to remove the ice caught in the blades. The client lost two fingers while trying to remove the ice. The client is now suing the manufacturer of the snowblower for negligence.

a. If the client is claiming $500,000 in damages, what court would hear this matter? Be specific.

b. What would be the manufacturer's best defence? Explain your answer.

c. The client would be held to what standard of care? Identify the standard and explain what it means.

d. The manufacturer would be held to what standard of care? Identify the standard and explain what one would look to in determining if the manufacturer met the standard.