Description
Negligence
Mark sued a bank for injuries. He was not paying attention as he entered the bank because he was looking at his phone. And he fell suffering $10,000 in injuries. Prior to the fall, the janitor had buffed the floor. The janitor had an IQ of 70. Normally, the janitor was closely supervised. However, today his manager was extremely tired, and the manager didn’t notice that the janitor had carelessly used way too much floor wax that was extremely slippery. Is the bank liable for the janitor’s negligence? (Be sure to go through all the elements.) Additionally, note that under the doctrine of respondeat superior the bank WILL be liable for any potential negligence of the janitor employee. What defenses will the bank assert? Assume that the jurisdiction does not recognize assumption of risk or contributory negligence. However, the jurisdiction does recognize the defense of comparative negligence.
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Explanation & Answer
Attached
Running head: NEGLIGENCE ANALYSIS
Negligence Analysis
Student`s Name
Institution
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NEGLIGENCE ANALYSIS
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Abstract
Negligence can be defined as the act of doing a thing that a reasonably careful person would not
in a case here they are likely to hurt themselves or others. The same situation can involve an
individual doing something a reasonably careful person would do in the same case to cause harm
to others or themselves. Negligence occurs in many situations and the liability depends on the
extent to which both the parties were involved in the incident. There are some situations only the
defendant will be liable for the negligence while in some situations even the plaintiff will be
involved and therefore liable. It’s wise therefore for the judges to be keen to define the situation
and come up with the best option to solve the case. In our case the bank or the plaintiff will have
to be defined who is liable and why.
NEGLIGENCE ANALYSIS
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Negligence Analysis
From the analysis, it’s evident that Mark contributed to his fall. When he entered the bank, he
was using his phone which was a proper distraction for him not to note the slippery floor. On the
other hand, the bank is liable since the janitor applied too much wax on the floor leaving it
slippery. The bank manager had noted that behavior earlier and warned the janitor, but since this
time he was busy; he did not have that time. The bank, therefore, has the responsibility and
should be liable to pay Mark. In our case, however, the jurisdiction does not recognize the
assumption of risk. That means that the bank cannot claim that Mark was ignorant when he
approached the bank where he used his phone. The jurisdiction will therefore not bar or reduce
the extent to which the plaintiff will be paid for the bank`...
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