Samantha Smith PA201 Unit 4 Assignm
Kaplan University
PA201 – Unit 4 Assignment
December 8, 2014
Part I:
Statute: Ind. Code Ann. § 34-51-2-7 (West 2013). According to the statute (In.gov),
A defendant or defendants may be treated as a single party for actions based on fault against the defendant. The court shall instruct the jury to determine the percentage of fault the claimant, of the defendant of any non-party. A verdict shall be returned for the defendant is the percentage of fault to the claimant is greater than fifty percent of the total fault involved in the incident that caused the. However, the jury shall determine the total amount of damages the claimant would be entitled to recover if the percentage of fault of the claimant is not greater than fifty percent.
STATEMENT OF FACT: Samantha Smith states that while she was shopping with her son at the local grocery store she slipped and fell on clear shampoo that had leaked from a bottle and into the floor in one of the aisle. Smith had to spend the night in the hospital and will have to undergo several months of physical therapy due to a broken hip. The store states that employees are scheduled to check every aisle at the beginning of the hour and none were aware of the spill on the floor. The aisle was last checked half an hour before Smith fell, according to the inspection log. Smith filed a complaint in trial court claiming that the store was negligent with maintaining safety of their store. She is seeking damages for injuries that she suffered from the fall. The store claims that Smith is just as much at fault as they are and that she was not paying attention to where she was walking because she was too distracted by her child.
QUESTION PRESENTED: (1) Whether Smith is just as much at fault as the store is? (2) Whether Smith was too distracted by her child to pay attention where she was walking?
BRIEF ANSWER: According to the Indiana statute, Smith may also negligent and at fault for her fall.
Statute: Ind.
PA201 – Unit 4 Assignment
December 8, 2014
Part I:
Statute: Ind. Code Ann. § 34-51-2-7 (West 2013). According to the statute (In.gov),
A defendant or defendants may be treated as a single party for actions based on fault against the defendant. The court shall instruct the jury to determine the percentage of fault the claimant, of the defendant of any non-party. A verdict shall be returned for the defendant is the percentage of fault to the claimant is greater than fifty percent of the total fault involved in the incident that caused the. However, the jury shall determine the total amount of damages the claimant would be entitled to recover if the percentage of fault of the claimant is not greater than fifty percent.
STATEMENT OF FACT: Samantha Smith states that while she was shopping with her son at the local grocery store she slipped and fell on clear shampoo that had leaked from a bottle and into the floor in one of the aisle. Smith had to spend the night in the hospital and will have to undergo several months of physical therapy due to a broken hip. The store states that employees are scheduled to check every aisle at the beginning of the hour and none were aware of the spill on the floor. The aisle was last checked half an hour before Smith fell, according to the inspection log. Smith filed a complaint in trial court claiming that the store was negligent with maintaining safety of their store. She is seeking damages for injuries that she suffered from the fall. The store claims that Smith is just as much at fault as they are and that she was not paying attention to where she was walking because she was too distracted by her child.
QUESTION PRESENTED: (1) Whether Smith is just as much at fault as the store is? (2) Whether Smith was too distracted by her child to pay attention where she was walking?
BRIEF ANSWER: According to the Indiana statute, Smith may also negligent and at fault for her fall.
Statute: Ind.