PART 1:
Negligence Torts [WLOs: 2, 3] [CLOs: 1, 3, 4, 5]
As Chapter 2 of our textbook explains, negligence is an unintentional tort composed of four elements that the plaintiff must prove to the jury. Negligence is really about comparing one person’s behavior against a fictitious standard called the “reasonable person standard.”
Prior to beginning work on this discussion forum,
Review the Week 1 Lecture.
Read Chapter 1 and Chapter 2 of our textbook.
Review What Is Negligent Hiring and Retention?Links to an external site.
Review the following four and pick one to discuss in terms of negligence:
Scenario 1:
A person falls through a floorboard at a dance club that the owner of the club was aware of and did not repair because of the cost.
Scenario 2:
A person slips on a banana peel in a grocery store that was dropped by another customer within 15 seconds of the fall.
Scenario 3:
A person wants to sue the college he attended because he cannot get a good job with his degree.
Scenario 4:
A person wants to sue the local pizza restaurant for not warning him about the nutrition information in his favorite Meaty Man’s Pizza.
In your initial discussion forum post,
Summarize the four elements of negligence in your own words.
Explain how the scenario you picked meets or does not meet the four elements of negligence.
Be sure to identify which scenario you picked.
Examine how the reasonable person standard applies or does not apply to your scenario.
PART 2:
Workers’ Compensation [WLOs: 2, 3] [CLOs: X1, 3, 4, 5]
In this discussion forum, you will analyze the case scenario provided and determine the implications of workers’ compensation laws.
Prior to beginning work on this discussion forum,
Consider reviewing Chapter 2 of our textbook, specifically the sections on workers’ compensation
Scenario:
An employee reports on time at her regularly scheduled time. Per the law, she is permitted specific breaks and lunch time. The employee is known to use her breaks to go outside and smoke in the area designated by the employer as the “smoking area.” During the employee’s regularly scheduled breaks, she goes outside to the designated smoke areas and upon returning to the building she slips and falls and injures her back.
In your initial discussion forum post,
Define what workers’ compensation is, including the elements that need to be met for a workers’ compensation claim.
Answer the following questions about the slipping scenario:
Does the employer in the scenario meet all the required elements for a workers’ compensation claim?
Would your answer change if the employee went out for a smoke break not during her required break times? Explain your reasoning.
