Torts and Personal Injury Assignments | Custom Essay Help
Torts Assignment “A”
A fictional tort-injury scenario is defined below. You are required to respond to the four (4) questions which follow at the end. Please provide your legal analysis (approx. 300 – 350 words per question, i.e., 1,400 words maximum).
At 1:00 a.m. on Black Friday, David, and his wife Cathy, drove to a local Walmart to begin their holiday shopping. They planned to purchase several CDs and DVDs as “stocking stuffers” for their two children. When they arrived at the store, it was a madhouse. For that reason (and because it was freezing outside), Cathy decided to remain in the couple’s parked car, while David went inside to do the shopping.
From where the car was parked, Cathy had a clear view of the store’s exit door, even though it was 100 yards away. Remarkably, David found all of the items he was shopping for (5 CDs and 5 DVDs) and went to the check-out counter, where he was greeted by Walmart cashier, I.M. Distracted, a trainee, who the store recently had hired to help with the holiday rush. Well, I.M. managed to get it “mostly right,” but neglected to run the final CD over the magnetic plate that disabled the security device on purchased items.
David paid in full and headed for the exit, but as he passed through the security checkpoint, an alarm sounded. Having no reason to believe the alarm applied to him and being eager to get out of the cold and back to the car, David began to jog from the store with his bag in hand. As he did, two Walmart employees and a private security officer, who the store had hired, began chasing David, believing he was shoplifting.
David, thinking he was being chased by thugs intent on stealing his merchandise, ran faster. Seconds later, David stepped in a large pothole, breaking his leg and causing him to fall to the ground. As he did, the security officer jumped on David’s back and pinned him to the ground, while the two Walmart employees pummeled him almost into unconsciousness. Cathy, who had watched all of this unfold before her eyes, got out of the car to run to her husband’s aid, but was overcome with emotion and fainted.
The police and paramedics arrived a few minutes later and, after rushing David and Cathy to a nearby hospital, unraveled the terrible “misunderstanding.” Two weeks later, David and Cathy arrive at the law office where you work as a Paralegal, and your supervising attorney assigns you to conduct the intake interview. David and Cathy want short answers (approx. 300 – 350 words per response) to the following four (4) questions:
1. Do David and/or Cathy have a claim or claims against Walmart and, if so, what is the nature of the claim(s), and what are the issues that are likely to arise? Include full analysis of each possible claim, based on cause of action elements.
2. Do David and/or Cathy have a claim or claims against the private security officer and his employer and, if so, what is the nature of the claim(s) and what are the issues that are likely to arise? Include full analysis of each possible claim, based on cause of action elements.
3. Do David and/or Cathy have a claim against the owner of the strip shopping center where the Walmart store is located and, if so, what is the nature of the claim(s) and what are the issues that are likely to arise? Include full analysis of each possible claim, based on cause of action elements.
4. If the answers to Questions 1, 2 or 3 are “yes,” what kinds of damages are David and/or Cathy entitled to recover? One final note: Walmart has a corporate policy that strictly prohibits employees from: (1) touching customers; and (2) following or approaching customers after they have left the store.
Here’s some vocabulary to keep in mind. Try to incorporate as many of them into your essay as you feel are applicable: “personal injury” “tort” “tort law” “alternative dispute resolution (ADR)” “negligence” “breach of duty” “burden of proof” “res ipsa loquitor” “liability” “vicarious liability” “absolute liability” “emotional distress” “intentional torts” “defenses to negligence actions”
NOTE > Please cite all sources as footnotes.
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