Background:  With some understanding of the legal system, the GC owners can now shift their focus to examining specific areas of law that create potential risks and liabilities for their business.   The group knows from their business experience, that businesses face serious and costly risks and legal liabilities stemming from tort law. 

Unintentional harm resulting from accidents, such as negligence, can result in costly litigation.  For example, Madison’s roofing business was sued by a client who was injured when one of Madison’s roofing employees accidentally dropped a ladder on the client’s leg. 

The GC owners are concerned about the possibility of accidents resulting in injuries to their employees that could occur during the cleaning of GC clients’ property.  

Instructions:  Winnie and Ralph have given you the responsibility of analyzing and summarizing potential negligence claims and liability that GC might face in its business operations.

You decide to analyze a hypothetical fact scenario to present to the GC owners to help explain GC’s potential negligence liability for accidents occurring on clients’ property during cleaning.  The analysis will be presented at the next meeting with GC owners and TLG.  Your analysis will address only the tort of negligence. 

Review all assigned materials in Overview.

Analyze the following fact scenario and respond to the questions regarding the scenario. 

Fact Scenario:  Jack, a GC cleaning employee, was assigned to clean Client A’s office building.  Jack’s first task was to vacuum the floors in a wide hallway.  Jack plugged GC’s commercial vacuum cleaner into the hallway outlet with an extra-long electrical cord and began vacuuming.  Before beginning vacuuming, Jack checked to ensure that the hallway was clear of obstacles and people walking.  After checking the hallway, he placed the cord to the side of the hallway out of the path of his pushing the vacuum.  After vacuuming for a few minutes, Jack stepped to the side to turn the vacuum and tripped over two boxes that had been placed in the hallway by Client A’s employee since Jack began vacuuming.  Jack did not know the boxes had been placed in the hallway.

Jack fell and broke his ankle and was taken to the hospital ER via ambulance.  A cast was applied after it was determined the ankle did not need surgery.  Jack missed three weeks of work because of the injury. 

1.  Analyze whether Jack could sue Client A for negligence and if so, whether Client A could be liable for negligence for Jack’s injuries.  Explain why or why not.  

a.  Analyze and explain whether Jack would be successful in his claim and why or why not.

b.  If Jack was successful in his negligence claim against Client A, analyze and explain what damages/expenses Jack would likely recover. 

Prepare the analysis in a report, addressed to Winnie and Ralph, to be used in discussion with the GC owners.

The report should address the questions in the Instructions above.  Follow the format below.

REPORT

TO:              Winnie James, Ralph Anders

FROM:         (your name)

DATE:

RE:              Green Clean Negligence Risks and Liabilities

1.

a.

b.

___________________________

COURSE MATERIALS:

 https://saylordotorg.github.io/text_advanced-business-law-and-the-legal-environment/s10-introduction-to-tort-law.html 

https://www.diffen.com/difference/Civil_Law_vs_Criminal_Law

https://injury.findlaw.com/accident-injury-law/elements-of-a-negligence-case.html