business law discussion and 1 reply
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During a meeting with Winnie, Ralph, the GC owners, and you, the owners asked several questions about their potential liability for negligence. Winnie and Ralph asked you to respond to the following question.
Could GC be liable to a potential customer injured when she slips and falls on ice directly in front of the entry door while attempting to enter GC public offices during business hours? Why or why not?
Respond to the following student’s comments.
“Yes, GC could be held liable a slip in fall incident on ice in front of the entry door. Under the premises liability concept and property owners duty of care, most states require that property owners maintain and care for their property in a way whereas it is safe for entry (What is Premises Liability?, n.d.). It is likely the court will come to the conclusion that negligence was exercised in this case. This is because it is reasonable to expect that an entry point into a business is salted, ice-free, or has a warning sign posted to allow customers to be aware of the danger. A victim of a slip in fall must show that the owner of the property was aware of the unsafe conditions and failed to act (What is Premises Liability?, n.d.). It is reasonable to conclude that a business owner should know ice builds up in front of their entry points during cold weather.
Under the Elements of a Negligence Case, there are 5 elements that a victim must prove (Elements of a Negligence Case, n.d.)
1. Duty – There was a duty of care owed to the plaintiff, a safe entry point is owed to all customers.
2. Breach of Duty – Reasonable care was breached by not fulfilling the duty of keeping an entryway safe.
3. Cause in Fact – A plaintiff can easily prove that GC is responsible for a slip and fall. If they clear the entry point no one would get injured. Having an icy entrance would be the cause of a slip in fall at a building’s entrance and it is unreasonable to expect customers to enter a different way or be aware of the ice.
4. Proximate Cause – It is unlikely that a customer can foresee an icy, unsafe entryway
5. Damages – If the customer can display proof of physical harm or property of that person, it is like the victim will win their case (Elements of a Negligence Case, n.d.)
Elements of a Negligence Case (n.d.) Retrieved from https://injury.findlaw.com/accident-injury-law/elements-of-a-negligence-case.html
What is Premises Liability? (n.d.) Retrieved from https://www.nolo.com/legal-encyclopedia/what-premises-liability.html“