EBK THE LEGAL ENVIRONMENT OF BUSINESS:
10th Edition
ISBN: 9781337516051
Author: Miller
Publisher: YUZU
expand_more
expand_more
format_list_bulleted
Question
Chapter 6, Problem 2RE
Summary Introduction
Case summary: The person E with a friend went to the resort RM in New Hampshire. The person E went snow tubing. There were no employees of resort RM present to instruct person E about the safe use of a snow tube. The person E got injured while she was snow tubing. The person E filed a negligence action against the resort RM for the compensation of her injury.
To explain : The possible decision on the issue based on the fact that skiers assume the risk to be inherent.
Expert Solution & Answer
Trending nowThis is a popular solution!
Students have asked these similar questions
Brenda Brandt was admitted to Sarah Bush Lincoln Health Center (Health Center) to receive treatment for urinary incontinence. During the course of an operation, the doctor surgically implanted a ProteGen Sling (sling) in Brandt. Subsequently, the manufacturer of the sling, Boston Scientific Corporation, issued a recall of the sling because it was causing medical complications in some patients. Brandt suffered serious complications and had the sling surgically removed. Brandt sued Boston Scientific Corporation and Health Center for breach of the implied warranty of merchantability included in Article 2 (Sales) of the Uniform Commercial Code (UCC). Health Center filed a motion with the court to have the case against it dismissed. Health Center argued that it was a provider of services and not a merchant that sold goods, and because the UCC (Sales) applies to the sale of goods, Health Center was not subject to the UCC. Health Center proved that Brandt’s bill was $11,174.50 total charge…
Dr Lai went to SUPERSAVE supermarket to buy his groceries: he slipped and fell on a puddle of water on one of the aisles. The puddle has been caused by a leaking refrigerator inside the supermarket. The supermarket had a duty to keep the premises safe for its customers, but it had failed to fix the leak. However the supermarket did put up a warning sign near the puddle to alert its customer to beware of its slippery floor. Dr Lai suffered a broken arm from the result of the fall. Analyse the situation and determine wether the supermarket is liable for Dr Lai's injury. Advise wether Dr Lai has the rights to access damages with the supermarket. Include case laws and examples, if relevant.
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.
Chapter 6 Solutions
EBK THE LEGAL ENVIRONMENT OF BUSINESS:
Knowledge Booster
Similar questions
- Barbara Rome entered Flower Memorial Hospital to undergo a series of X-rays. When she was ready for the X-rays, she was assisted by a student radiological intern. The intern placed Rome on the X-ray table and strapped her onto the table correctly; however, the intern did not properly fasten the footboard, which was located at the foot of the table. As a result of this error, Rome fell and was hurt when the table was raised. As a consequence, Rome brought a lawsuit against Flower Memorial Hospital, alleging that the ordinary negligence of the intern had caused her injury. In contrast, the hospital argued that the lawsuit involved a medical claim, as defined under the state’s medical malpractice statute. Whether a case involves ordinary negligence or a medical claim would determine whether the state’s two-year statute of limitations for negligence or the state’s one-year statute of limitations for medical claims would apply. This case clearly involves a difference of opinion on the…arrow_forwardNegligence CaseWest v. East Tennessee Pioneer Oil Co.In Knox County Tennessee, a convenience store clerk refused to sell Brian Taver beer because he wasalready intoxicated. However, the clerk eventually activated the gas pump and, with the assistance of twoadditional store employees, who helped Taver operate the pump, Taver was able to purchase a small amount ofgas.Taver then drove off, going the wrong way on the highway and without his headlights on. Shortlyafterward, he crashed into an oncoming car, injuring Gary West and Michelle Richardson.West suffered several fractures of his legs, a head injury, and a broken elbow. West works in theconstruction industry. West, who has basic health insurance provided by his employer, was left with over$200,000 in personal debt as a consequence of the accident. Richardson suffered a severe closed-head injury.Richardson is an administrative assistant for the state of Tennessee. Her employer provided betterhealth insurance coverage, so she did not…arrow_forwardBusiness Tort of Negligence Dewayne, a driver for Speedy Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while making a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on Fazio, a bystander, and injures him. What must Fazio show to recover damages from Speedy Delivery? If you are the attorney for Speedy Delivery what would be your best defense argument? Your paper should be between 500-750 words, with at least two cited external resources. View your assignment rubric. ROLK LOVEarrow_forward
- Answer pleasearrow_forwardPacific Southern Airlines (PSA) had an unhappy customer. Cynthia Mercier-Walters flew from Philadelphia, Pennsylvania, to Phoenix, Arizona. The flight stopped briefly at Hartsfield-Jackson Atlanta International Airport, where she got off the plane for half an hour. When she returned to her seat, her $400 prescription reading glasses were gone. She asked the flight attendant where the glasses were, and the attendant said they probably were thrown away since the cleaning crew had come in with big bags and tossed everything in them. Ms. Mercier-Walters tried to locate the glasses through the airline’s lost-and-found service, but she failed. Then she wrote a strong letter to the airline demanding reimbursement for the loss. She felt that it was obvious that she was returning to her seat. The airline, however, knows that an overwhelming number of passengers arriving at hubs switch planes for their connecting flights. The airline does not know who is returning. What’s more, flight attendants…arrow_forwardHomer Simpson is operating his car at around Noon yesterday. He is stopped for a red-light at the corner of Fast Food Boulevard and 257th Street, on his way to get a burger from Krusty Burger in the Fast Food District of Springfield, Florida, located in Polk County, when Barney Gumble, operating a 1982 Ford Pinto, fails to stop in time and drives into the back of Homer’s vehicle. Homer sustains serious injuries to his back, neck, and to his face when it struck the steering wheel. He is taken to Springfield General Hospital and is admitted and treated there for three weeks. After his release from the hospital, he misses another three weeks from work at the Springfield Nuclear Power Plant while recuperating at home. Gumble is uninjured from the crash. He is given a breathalyzer test and his Blood Alcohol Count registers at .22% BAC. The legal limit for BAC while operating a motor vehicle in Florida is 0.08%. Because Barney has a prior conviction for misdemeanor Driving Under the…arrow_forward
- 27. Vicarious liability refers to a situation where: the employer is held legally responsible for actions of its employees the employer serves alcohol at company-sponsored events the onus is on the employer to prove it was not negligent none of the abovearrow_forwardBill Estes works at Clifford Company in the central receiving department. He unpacks incoming shipments and verifies goods received. Over the weekend, Bob pulled a muscle in his back while playing baseball. When he came to work on Monday and started unpacking shipments, he started to hurt again. Bob called the human resource department and told them he got hurt lifting a package at work. He was told to fill out an accident report and send it to an orthopedic clinic with a workers' compensation form. The doctor at the clinic told Bob not to lifting for about two and stay home for at least one week. Is Bob entitled to workers' compensation? Why or Why no? What effect will Bob's claim have on Cliffrock Company's Workers' Compensation Insurance Premium? Write a short memo from the human resource department to Cliffrocks Company employees explaining the purpose of workers' compensation. In small groups discuss the job-related illness or injury risks of a computer input operator and…arrow_forwardA woman shopper was injured when she slipped on the tiled foyer of a supermarket, which was wet after rain. The defendant argued that it wasn’t responsible for the slippery condition of the floor, and that it owed no general duty of care in negligence. As it had mopped the floor to minimise danger to customers, there was no unusual danger that would give rise to a strict liability on the occupier. How do you think a court might assess the defendant’s claim of no liability?arrow_forward
- William Brill a truck driver, had just delivered lumber to Queens lumber. As he was returning to his truck he was hit by a forklift driven bv an employee eric vigil. After sustaining serious injuries, Brill sued both Queens Lumber and Vigil for negligence. What elements does brill have to prove to establish negligence? In general, what duty does a driver of a motor vehicle have to pedestrians? On what theory of liability could Queens Lumber be found negligent? Would the result be the same if Brill had failed to look both ways before walking back to his truck? Brill v Queens lumber Co.arrow_forwardA gasoline-powered lawn mower that had been used earlier to cut grass was left unattended next to a water heater that had been manufactured by Sears. Expert testimony was presented to demonstrate that vapors from the mower’s gas tank accumulated under the water heater and resulted in an explosion. Three-year-old Shawn Toups was injured as a result. Evidence was also presented negating any claim that Shawn had been handling the gasoline can located nearby or the lawn mower. He was not burned on the soles of his feet or the palms of his hands, and, similarly, the gas can remained in an upright position even after the explosion. Is Sears liable to the Toups in strict product liability? Explain.arrow_forwardWhen a licensee has violated the License Law, the Real Estate Commission may do all of the following EXCEPT: bring an action in district court fine the licensee $10,000 for each violation bring an action in the county where the transaction took place choose to not report the violation for criminal prosecutionarrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage Learning
Accounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education
BUSN 11 Introduction to Business Student Edition
Business
ISBN:9781337407137
Author:Kelly
Publisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...
Business
ISBN:9781337386494
Author:Mary Ellen Guffey, Dana Loewy
Publisher:Cengage Learning
Accounting Information Systems (14th Edition)
Business
ISBN:9780134474021
Author:Marshall B. Romney, Paul J. Steinbart
Publisher:PEARSON
International Business: Competing in the Global M...
Business
ISBN:9781259929441
Author:Charles W. L. Hill Dr, G. Tomas M. Hult
Publisher:McGraw-Hill Education