Tom Vs Ss. Kresge

Shanay Rowe

Week 3 Assignment

Tom vs. SS Kersge Co., Inc.,

The tort that this case can be won with is negligence. This case shows the five aspects that need to be present to win a negligence case (Jennings, 2006).

1) The duty to keep the store in safe conditions fell onto the business. By the state law a business must keep its grounds in safe conditions.

2) This business breached its duty when it did not ensure that the store was in safe conditions. Many people would try to argue that the store did not breach its duty because it was unaware of the unsafe conditions.

3) It was also clear that this breach of duty was the cause of the injury. If this customer did not slip on the liquid on the floor he would not been hurt.

4) Proximate cause can also be seen. This substance was the cause of the injury and not another element.

5) The plaintiff can clearly display the damages that were caused by this negligence.

If I were the business being sued I would attempt to use the assumption of risk defense by stating that I had no knowledge of the dangers and did not have due time to correct the problem (Tuohy, 2007). This reminds me of the case of the gentleman who died because of the faulty air conditioner. The company was not informed of the dangers so many argued that they should not be held responsible. Hopefully this business kept records of routine checks of the store for spills and other safety related issues. This would make it extremely difficult for the plaintiff to win a case like this. It would make all the responsibility of the business assumed and not proved (Einstein Law, Inc, 2004) . We would have to assume that they knew about the dangers and had sufficient time to correct he situation. However, Arizona has adopted a rule that makes it easier for plaintiffs to fight cases such as these.

The store failed to uphold the mode of operation rule. This mode of operation rule holds businesses that take advantage of self service stations responsible for keeping the store in a safe condition (Krauser, Moylan & Salmon, 2004). The "mode