Please see attached documents for context, background, legal cases and guidance. you will need to answer a question about negligence and liability. this needs to be 2 pages long it can exceed to 2-1/2 pages if needed. size 12 font double spaced. Please see questions below:
Q1: Is Hope liable to Nolan for negligence in operating an automobile while wearing flip-flops?
Q2: Assume that neither Kara Viviana Footwear nor the outlet shoe store provided anyinstructions or warnings as to wearing flip-flops. Is Kara Viviana Footwear strictly liable toNolan for failure to warn of the danger involved in driving while wearing flip-flops?
Please see additional information below to help you answer the questions:
Question #2: Please the attached background info and the legal cases and coaching slides and make the sure the following is mentioned in this answer: A negligence analysis. define negligence. refer to fogel V. getn case in your answer. define/establish what is the duty. did hope have a duty towards nolan. act as a reasonable person. statue of limitations. breach of duty. actual causation. go over legal cause. damages. nolan lost ability to work.
Question #3: Please review the case background and the legal cases and coaching slides as well: review and refer to wayans. vs Albert case. what is the legal answer to this question
Pedal to the Settle:
A MULTIDISCIPLINARY
BUSINESS CASE STUDY
California State University, Northridge
The BIG PICTURE!
⚫ What is the Big Picture in the Case?
⚫ What are the Potential –
– Statistical Issues?
– Legal Issues?
– Economic Issues?
The Statistics?
⚫
What Conclusions Can be Presented to Ms.
Summer Based on an Analysis of the
Government Survey Data?
⚫
What Type of Statistical Analysis Would be
Performed to Reach These Conclusions?
⚫
How Useful Would These Conclusions be in
Helping Ms. Spring in any Lawsuit Settlement
Negotiations or at a Trial?
The Case Library
⚫ What Light Does the Case Library Shed
on the Potential Issues
– Magazine Article?
– Fogel v. Get’N Go Markets, Inc.?
– Wayans v. Albert Landon, et. al.?
– O’Hare v. Wilkes Excursion Lines, Inc.?
The Lawsuit(s)?
⚫ Who Are the Possible Defendants?
⚫ Upon What Legal Theories Would
Potential Recovery be Based?
⚫ What Elements Must be Established to
Prevail Under Each Theory?
Question 2:
Negligence
•Define
•Prima Facie Case – Plaintiff’s Burden
•Defenses – Defendant’s Burden
6
Prima Facie Case
⚫ Conduct
⚫ Duty
⚫ Breach of Duty
⚫ Actual (direct) Cause
⚫ Proximate (legal) Cause
⚫ Damage
7
Conduct
⚫ What Did Hope Do or Fail to Do?
⚫ Affirmative Action
⚫ Omission – Failure to Act
8
Duty
⚫ The Concept of Duty Has Two Parts:
– What is the Duty?
– To Whom is the Duty Owed?
9
Duty
⚫ What is the Duty?
– Standard of Care
⚫To Act as a Reasonable Person
⚫Custom or Statute
10
Duty
⚫ To Whom is the Duty Owed?
(See: Get n’ Go Library Case)
– Relationship
– Foreseeable Plaintiff
11
Breach of Duty
⚫ Calculus of the Risk
(See: Get n’ Go Library Case)
1) Likelihood of Harm
2) Seriousness of Harm
vs.
3) Cost of Prevention and/or
4) Utility of the Activity
12
Actual Causation
⚫ Plaintiff Must Connect Conduct to the Loss
– “But for” Defendant’s Conduct Plaintiff Would
not Have Suffered the Loss
⚫ Easy, Difficult, or Impossible Burden in this Case?
13
Proximate
(Legal) Cause
⚫ Policy Determination
– Should Defendant Really be Responsible
for Damages Actually Caused?
– Natural and Probable Consequences
– Did Plaintiff’s Loss Come About as a Result of
a String of Weird Unforeseeable Events?
14
Damages
⚫ Damages Suffered in this Case
– Compensatory?
⚫ Define/Purpose
– Punitive Damages?
⚫ Define/Purpose
15
Question 3
⚫
Prima Facie Case for Strict Product Liability: Section
402A of the Restatement (Second) of Torts; Glenn
Wayans Case
In order to prevail in a claim based on strict product liability, a
plaintiff must establish that:
⚫
⚫
⚫
⚫
⚫
⚫
(1) the defendant was engaged in the business of selling the product that
harmed the plaintiff
(2) the plaintiff was a user, consumer or bystander
(3) the product reached the user or consumer without a substantial change in
the condition in which it was sold
(4) the product when sold was in a defective condition
(5) the defect was unreasonably dangerous
(6) the unreasonably dangerous defect caused physical harm to the plaintiff.
Economic Data
⚫ What Economic Issues are Raised in the
Case?
⚫ What is the Relevance of:
– Inflation Rate?
– Cost of Living Adjustment (COLA)?
– Personal Income Tax Rates?
– Present/Future Values?
– Plaintiff’s Age?
Good Luck!
Questions or Comments?
The BIG PICTURE!
l What is the Big Picture in the Case?
l What are the Potential –
–
Statistical Issues?
–
Legal Issues?
–
Economic Issues?
The Statistics?
l
What Conclusions Can be Presented to Ms.
Summer Based on an Analysis of the
Government Survey Data?
l
What Type of Statistical Analysis Would be
Performed to Reach These Conclusions?
l
How Useful Would These Conclusions be in
Helping Ms. Spring in any Lawsuit Settlement
Negotiations or at a Trial?
The Case Library
l What Light Does the Case Library Shed
on the Potential Issues
Magazine Article?
– Fogel v. Get’N Go Markets, Inc.?
– Wayans v. Albert Landon, et. al.?
– O’Hare v. Wilkes Excursion Lines, Inc.?
–
The Lawsuit(s)?
l Who Are the Possible Defendants?
l Upon What Legal Theories Would
Potential Recovery be Based?
l What Elements Must be Established to
Prevail Under Each Theory?
Question 2:
Negligence
•Define
•Prima Facie Case – Plaintiff’s Burden
•Defenses – Defendant’s Burden
5
Prima Facie Case
l Conduct
l Duty
l Breach of Duty
l Actual (direct) Cause
l Proximate (legal) Cause
l Damage
6
Conduct
l What Did Hope Do or Fail to Do?
l Affirmative Action
l Omission – Failure to Act
7
Duty
l The Concept of Duty Has Two Parts:
– What is the Duty?
– To Whom is the Duty Owed?
8
Duty
l What is the Duty?
– Standard of Care
lTo Act as a Reasonable Person
lCustom or Statute
9
Duty
l To Whom is the Duty Owed?
(See: Get n’ Go Library Case)
– Relationship
– Foreseeable Plaintiff
10
Breach of Duty
l Calculus of the Risk
(See: Get n’ Go Library Case)
1) Likelihood of Harm
2) Seriousness of Harm
vs.
3) Cost of Prevention and/or
4) Utility of the Activity
11
Actual Causation
l Plaintiff Must Connect Conduct to the Loss
–
“But for” Defendant’s Conduct Plaintiff Would
not Have Suffered the Loss
l Easy, Difficult, or Impossible Burden in this Case?
12
Proximate
(Legal) Cause
l Policy Determination
13
–
Should Defendant Really be Responsible
for Damages Actually Caused?
–
Natural and Probable Consequences
–
Did Plaintiff’s Loss Come About as a Result of
a String of Weird Unforeseeable Events?
Damages
l Damages Suffered in this Case
–
Compensatory?
l Define/Purpose
–
Punitive Damages?
l Define/Purpose
14
Question 3
l
Prima Facie Case for Strict Product Liability: Section
402A of the Restatement (Second) of Torts; Glenn
Wayans Case
In order to prevail in a claim based on strict product liability, a
plaintiff must establish that:
l
l
l
l
l
l
(1) the defendant was engaged in the business of selling the product that
harmed the plaintiff
(2) the plaintiff was a user, consumer or bystander
(3) the product reached the user or consumer without a substantial change in
the condition in which it was sold
(4) the product when sold was in a defective condition
(5) the defect was unreasonably dangerous
(6) the unreasonably dangerous defect caused physical harm to the plaintiff.
Economic Data
l What Economic Issues are Raised in the
Case?
l What is the Relevance of:
Inflation Rate?
– Cost of Living Adjustment (COLA)?
– Personal Income Tax Rates?
– Present/Future Values?
– Plaintiff’s Age?
–
Good Luck!
Questions or Comments?
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