Client: DSC Attorneys
Description: Information about supermarket accidents, “duty of care”, and proving fault on the part of the property owner.
Supermarket Accidents: Proving Fault
Unfortunately, even with strict government regulations and routine safety inspections, supermarket accidents are a common occurrence. Sometimes these accidents do not result in injury to shoppers – such as the construction accident that took place at Menlyn Park Shopping Centre earlier this year, when a concrete slippage occurred – however, many people are not so lucky. If you have sustained an injury while in a supermarket or shopping centre, you may be able to claim compensation from the owner of the property.
Causes of injury in supermarkets
Supermarket injuries range from minor to severe and include lacerations, sprains, broken bones and head trauma. In the most serious cases, accidents can even result in life-long disability.
Among the most common causes of injury in supermarkets are:
Damaged trolleys
Improperly positioned, or missing floor mats
Slippery
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A six-year-old schoolgirl from Amanzimtoti got her foot stuck in an escalator at the Galleria Shopping Mall. The girl was walking barefoot when the accident occurred, and although a woman tried to stop the escalator by pressing the emergency button, it failed to stop. As a result, surgeons had to amputate three of the girl’s toes, as well as a piece of her foot.
Five members of a Pietermaritzburg family suffered bruising and lacerations when a glass panel fell from the skylight at the Gateway Theatre of Shopping. Among those injured was a 24-year-old woman, who sustained a severe head injury that required nine stitches.
A woman from Brakpan tripped and fell in a Spar supermarket as a result of defective flooring. She sustained soft tissue injuries to her left shoulder and neck, as well as a fracture to her
Since Superfast knowingly sold the compromised cans of chicken and Susan purchased them she claims the assumption of risk. In the case of John Morrell Company vs. Mrs. Angie Schultz, she also accepted the assumption of risk since she noticed that the can had been dented prior to eating the potted meat that she purchased (JOHN MORRELL & COMPANY v. Mrs. Angie SHULTZ., 1968). It was also stated that she did not consider the dent serious enough to affect the contents of the can.
When Rampart Security was hired by Nationwide Discount Furniture to install an alarm in its warehouse, Rampart Security took on the obligation of notifying Nationwide immediately in the event that a fire should set off an alarm in Rampart’s office. When a fire did breakout, Rampart allegedly failed to notify Nationwide, causing the fire to spread next door and damage a building owned by Gasket Materials Corp. By failing to notify Nationwide of the fire, Rampart failed to complete their delegated responsibilities, thereby breaching their contract with Nationwide. Though Rampart had no contract or delegated responsibilities towards the Gasket Corporation, the neglect of their responsibilities to Nationwide did result in damages to Gasket property.
Lisa Hetherington LGST 495 7980 Professor Hansen 17 April 2016 Project 3: Response to Action Introduction This case was brought by the plaintiff, Mr. Jim Jones, who alleges that the Defendants, Grab-n-Go, Inc. (“the store”) and by proxy, its owner, Mr. John Smith, did negligently leave some amount of coffee creamer on the floor near the coffee bar, which he stepped on, slipped and fell, but for causing the injuries he sustained that day. The defendants, through their attorneys, move to DISMISS the counts brought against them pursuant to Md. Rules 2-322(b)(2), Failure to State a Claim. The plaintiff, Mr. Jones, alleges one cause of action: Negligence (Count I), Maintaining Negligent Conditions. He stated in his claim that the store employees failed to clean up a mess of coffee creamer, which was part of their duty of care to him as an invitee on the premises, and upon which he slipped.
UNSAFE PRODUCTS Even though corporations do not wish to cause harm to consumers, they have in fact all too often done so when the drive to maximize profit or survive in the marketplace has taken priority over concern for consumer safety. An massive range of consumer products including many foods, drugs and medical devices, vehicles, domestic products, and cosmetics have been acknowledged as dangerous to various degrees. Around 70,000 Americans are suspected to die yearly from product-related accidents, and millions more suffer incapacitating injuries at a cost of over $100 billion in property damage, lost wages insurance, litigation, and medical expenses. Even though certain products are intrinsically dangerous, much evidence suggests that corporations, in their almost single-minded pursuit of profit, have been negligent- sometimes criminally- in their disregard for consumer safety.
The Supermarket: Prime Real Estate Marion Nestle Unhealthy food choices are becoming the number one option for people in America. Unhealthy foods come quick and cheap making it easier to get access to and putting it at many Americans first choice. Cheeseburgers cost a dollar and you get it under two-minute, while apples cost fifty cents more you have to search and find a grocery store which isn’t conveniently placed on every corner.
Part 2 Occupiers' liability in Australia The defendant in this case , Xerox Supermarket , has an very important role which is identified by the Australia law as an occupier. Hence , I will try to refer to the occupiers' liability law and relative regulation ,especially from the passed legislation of Western Australia , South Australia and Victoria . Actually , the occupiers' liability law still obeys the general principles of negligence like standard of care and proper criterion . However , it can provide the judger a more practical and accurate view on the possible liability of the supermarket as a typical premise of retailers .
On 11-14-2015 at about 2106 hours I was dispatched to a domestic violence report at the Emerald Point Condos at 31900 104th AVE SE; H102, Auburn/King/Wa. Enroute dispatch advised the reporting party/victim, Lizbeth Nunez Santana was calling to report that she was assaulted by her husband. The incident occurred about two hours prior and the husband was no longer at the residence. I arrived at the address and contacted Lizbeth and her cousin, Maribel Chavez. Throughout my conversation with Lizbeth it was clear that she was very upset, she had to stop speaking several times as she was crying and upset with the situation.
Name That Liability The name of the responsibility is negligence due to falls of patients in intensive care unit. The liability may occur due to the medical staff that forget to put the brakes on the beds, put in a low position, the call light within reach and personnel items easily reach to every patient. These falls can bring a lot of injuries to patients and fractures (loss of continuity of bone tissue. It ranges from a small crack to total bone fracture displacement of the two ends of the bone fracture), trauma to the skull and face (injuries to the skull and face are especially important, since the intensity of the shock can affect the central nervous system (CNS), located within the cranial cavity), trauma to the extremities (as a result
Some companies, like Home Depot and McDonald’s, exclude coverage of injuries caused by safety violations or failure to obtain help with a certain task. How about suing your
On Monday 06/27/16 at 2148 hours I was dispatched for an assault at Cedar Ridge Apartments located at 30819 124th Ave SE in the City of Auburn, King Co, WA. Dispatch advised the reporting person, Amber Archer, stated a male was hitting children with a cane. When I arrived I observed several people in a group speaking with Officer T. Minkler. Officer Minkler pointed to a male, a stated he was a possible witness and father to one of the victims.
Business owners receive shipments of products everyday which have to be stored somewhere before final placement, and when a customer sees the placement but trips and falls, the invitee has violated his own duty to exercise reasonable care for his own safety. Also, because the pallet was not a foreign transitory substance, the analysis is different. (Clark Fountain, 2017) Issue(s) – Was the defendant negligent in taking care and maintaining the walkway in order to accommodate a reasonable and safe condition for the use that it is intended? Rules - Tort Law, Negligence. A land owner has two distinct duties to business invitees: (1) the duty to warn of a latent dangerous condition and (2) the duty to maintain premises in a reasonably safe condition.
Running head: pantry inc. case analysis 1 pantry inc. case analysis 20 Pantry Inc. Case Analysis Sekia Grimes GEB5787 Table of Contents Introduction 3 Industry Analysis 4 General Environment 4 Sociocultural………………………………………………………………………………4 Political/Legal…………………………………………………………………………… .4 Economic…………………………………………………………………………………5 Porter’s Five Forces ……………………………………………………………………………... 5 Rivalry……………………………………………………………………………………5 Threat of New Entrants…………………………………………………………………..
Considering using more technology inside Trader Joe’s would also speed up business inside Trader Joe’s. 5 – Conclusion This paper has revealed the most powerful and weak spots of Trader Joe’s. Supermarket industry is currently alive and competition between firms are very contentious.
This industry will be faced challenged when the location is not easy to be reached and the population of the areas are not much as expected. For example, the Aeon supermarket at Mid Valley Megamall Kuala Lumpur, the sales of this location is guaranteed as the population daily at Mid Valley Megamall in 120,000 peoples approximately (malaysiandigest, 2014). Other than that, most of the supermarket are operates or leasing in a popular shopping malls. This is because peoples nowadays are not going to supermarket on usual day or without purposes. For instance, Giant hypermarket at Plaza Sungei Wang is a good example.
A study was done to view just how much horizontal violence could affect patient safety and it was found that there was an increase in patient falls and a delay in care due to nurses not communicating to one another or not wanting to help a fellow coworker when asked