Business Law 1

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Bray Goodheart
BUSG 2305.200

Case #4-5 Kim v. Ling’s Market
Defendant Ling’s Market

Facts:

Kim was shopping for dinner at Ling’s Market, as Kim entered she slipped and fell due to the water accumulated on the floor (that the manager was aware of) because of the high winds and rain that blew into the Market each time the door was opened. Kim suffered a back injury as a result of the fall. Kim filed suit against Ling’s Market, the defendant, arguing that Lings performed a “tort of negligence” due to their absence of a warning about the wet floor, and disregard in the exercise of a “reasonable degree of care to protect business invitees.”

Issue:

To prove that the defendant, Ling’s should be liable for Kim’s injuries, the plaintiff, must prove that Lings did not in fact exercise a reasonable degree of care to protect Kim and warn her about the wet floor hazard due to the absence of a warning sign or cones, and committed a tort of negligence. Is the lack of a warning sign a tort of negligence, and should it be mandated that Lings is liable for Kim’s injuries suffered as a result of the fall?

Decision:

The plaintiff feels that the defendant, Ling’s Market, should in fact be liable for Kim’s injuries she suffered as a result of the fall, and a tort of negligence has been committed due to the lack of a reasonable degree of care to protect business invitees.

Reasons:

At www.barronstad.com it states that “A business owner is required to use due care to keep the premises presumably safe for customers, or at least to warn them of dangers that might arise from their use of the premises.” According to the author of the text, explains that a “tort of negligence occurs when someone suffers injury because of another’s failure to live up to the required duty of care.” The defendant, Lings, owed a duty of care to Kim and had breached said duty. As a result Kim suffered a legally recognizable injury. By not providing a caution sign of some sort, Lings...
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