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tort law discussion posts
General Instructions for Learning Activities (LAs):
LA 1 & 2: Read/watch all assigned materials listed for the week in Course Content. Cite to these materials with in-text citations in all responses you post to these LAs.
Please DO NOT use outside internet resources for the LAs this week.
Create a separate posting for each LA, i.e., one post for LA 1, a separate post for LA 2.
Label each LA with appropriate titles, such as “LA 1” and “LA 2”, etc. and your name. Label each part of each LA.
Please do not use attachments in Discussion at any time.
LAs are to be written in paragraph format with appropriate in text citations in APA format. Review How to Use APA in Content.
I will respond to most submissions, and often ask further questions. Please try to respond to my postings/questions to you, but your follow-up responses to my comments/questions to you are not included in the required responses to colleagues as described above.
Because negligence and product liability are so important to businesses, and because there is a lot of material on these topics, each LA has 2 exercises this week. Thank you for your diligence and understanding.
It is essential to review the ton of additional information and examples in Instructor Notes. Please read Instructor Notes and all assigned materials closely before attempting the LAs.
There are 2 parts to LA 1.
Part 1. You are the owner of a local hotel, Comfort Stay Suites, located in a downtown city neighborhood. While Sara was a guest in your hotel, a thief broke into the room and stole her luggage, clothes, watch, and several rings while Sara was out of the hotel.
Comfort Stay issues room keys, but no coded access cards, to all guests. Rooms have key locks in the door knobs and deadbolts that operate from the inside only. Comfort Stay employs on-site security guards, but does not have security video cameras in the hotel. Comfort Stay provides a locked safe at the reception desk for guests to store small items. There is a sign posted in all rooms, stating “Comfort Stay takes no responsibility for theft, other loss or damage to guests’ personal property during their stay at the hotel”.
5 years ago, all of a guest’s property was stolen from the guest’s room at Comfort Stay. Comfort Stay reimbursed the guest for the losses; the guest did not file any legal claims. Immediately following this incident, Comfort Stay hired on-site security guards. There have been no other thefts or other crimes at the hotel until the theft of Sara’s property.
a. As owner of Comfort Stay Suites, you believe you have no liability for any of Sara’s losses.
Analyze and discuss whether Sara has a valid legal claim against Comfort Stay and will likely recover damages for all the stolen property. Why or why not?
Apply common law negligence principles using only the materials in class; do not research state law or use outside resources in your analysis.
Part 2. Chasen purchased a dark-colored cola drink in a plastic bottle with a sealed plastic top from a vending machine located in the hall of his college dormitory room. After drinking ¾ of the cola, Chasen took another drink, and felt a sharp object enter his mouth. The object turned out to be a metal tab-top like those found on aluminum cans. Chasen’s lip and tongue were cut by the tab-top resulting in Chasen going to the ER for evaluation, 3 stitches in his lip, and medication. The lip became infected resulting in 2 visits to his family doctor and additional medication.
Lab tests conducted on the remaining cola revealed that the cola Chasen drank was not poisonous or tainted.
a. You are the owner of the vending machine company that dispensed the cola drink to Chasen and are concerned about your potential liability. What is the legal basis for any possible liability that you as the vending machine company owner might have in this case and why?
b. If sued, would you likely be found liable in this case?
Learning Activity #2 - due Thursday, 11:59 pm ET
Part 1. Johnson purchased an electric circular saw that operates from a work table, and is similar to one pictured in the link below.
The saw that Johnson purchased was manufactured by WorkBench, Inc. and sold to Johnson by you, through your retail store, Top Tools. The saw came with an instruction booklet about how to safely use the saw, warnings about the risks of using the saw in an unsafe or incorrect manner, and instructions about how to safely remove the blade’s safety cover to clean the saw.
The saw is equipped with a removable plastic safety cover that covers the blade to minimize the risk of injury from the saw’s blade while operating and while the saw is not in use. Johnson removed the saw’s safety cover and used it the saw several times without incident. A few days later, Johnson began to use the saw to cut some wood; he accidentally touched the blade and severed a finger.
Johnson’s attorney has contacted you to inform you that Johnson will be filing a product liability lawsuit against you and others to recover for his injuries.
a. As you prepare to see your own attorney in this matter, explain the possible product liability claims for which Johnson might sue you and others.
b. Do you have any defense(s) against these possible claims?
Pat 2. Madeline, an experienced snowboarder, purchased a new snowboard from Snow Sports, Inc., a sporting goods store. Swift Snow Company manufactured the snowboard. Madeline went to Wintergreen Resort to try out her new snowboard. After 3 runs on the slopes, Madeline’s snowboard suddenly split apart causing her to fall and break a leg.
a. Does Madeline have any possible legal claims under product liability law? If so, who could she sue to recover damages for her injuries?
b. Does Madeline have any possible legal claims under common law negligence? If so, who could she sue to recover damages for her injuries?