EBK THE LEGAL ENVIRONMENT OF BUSINESS:
EBK THE LEGAL ENVIRONMENT OF BUSINESS:
10th Edition
ISBN: 9781337516051
Author: Miller
Publisher: YUZU
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Chapter 6, Problem 2IS
Summary Introduction

Case summary: A water pipe bursts that floods the company MF’s utility room and trips the circuit breakers. The person N, having 5 years of experience as electrician, was called to switch on the breaker; however, he gets electrocuted. His wife sued the company MF for injury caused to the person N.

To find: The defense that the company MF can claim.

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Susan owns and operate a food processing factory in New Territories Hong Kong. Susan bought worker’s compensation and employer’s liability policy to protect herself for workers job related-injury or occupational disease. Explain whether the following situation are covered under this policy.   A customer entered Susan’s factory and was hurt by a box in the factory. An employee died accidentally because of the machine failure in Susan’s factory.
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5-3 PROXIMATE CAUSE. Galen Stoller was killed at a railroad crossing when a train hit his car. The crossing was marked with a stop sign and a railroad-crossing symbol. The sign was not obstructed by vegetation, but there were no flashing lights. Galen’s parents filed a suit against Burlington Northern & Santa Fe Railroad Corp. The plaintiffs accused the defendant of negligence in the design and maintenance of the crossing. The defendant argued that Galen had not stopped at the stop sign. Was the railroad negligent? What was the proximate cause of the accident? Discuss. [Henderson v. National Railroad Passenger Corp., __ F.3d __ (10th Cir. 2011)] (See Negligence.)
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