Unit 4 assignment Samantha Smith

Topics: Pleading, Allegation, Complaint Pages: 2 (493 words) Published: February 25, 2014
Comparative Fault- Ind. Code Ann. § 34-51-2
Indiana’s Comparative Fault Act allows a jury to consider whether the Plaintiff bears some of the fault in an accident. If the jury finds the Plaintiff to be partially at fault, they must then decide what percentage of fault should go to each party. If the jury finds the Defendant and the Plaintiff to each be 50% at fault, they find in favor of the Plaintiff, but multiply the amount awarded by 50% (the amount the Defendant is at fault) and that is how much the Defendant must pay to the Plaintiff. If the Defendant is found only 49% at fault or less, the Plaintiff is awarded nothing. Ind. Code Ann. § 34-11-2-4

Sec. 4. States that “An action for: (1) injury to person or character, (2) injury to personal property; or (3) a forfeiture of penalty given by statute; must be commenced within two (2) years after the cause of action accrues.

Statement of facts- Samantha Smith was shopping at a local grocery store in Indiana a few months ago and had an accident. She slipped and fell on some shampoo that had leaked out of one of the bottles. The day Samantha fell, the employee in charge of the aisle inspection was an older gentleman with glasses. The shampoo on the floor was a clear gel. The store alleges that Samantha had a duty to avoid the spill in the aisle. The store claims that she is at much as fault as they are. Further they allege that she was too distracted by her 2 year old son in the cart, who was misbehaving, to notice the floor.

Question Presented- Can Samantha recover for her injuries under Indiana law? Can the grocery store be liable for Samantha’s injuries under Indiana law?

Brief Answer- Ms. Smith can recover but will need many months of physical therapy.

Not 100% reliable.

Applicable statute- Ind. Code Ann. § 34-11-2-4Sec. 4. States that “An action for: (1) injury to person or character, (2) injury to personal property; or (3) a forfeiture of penalty given by statute; must be commenced...
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