You receive the following voicemail that has been forwarded to you from Anna, a partner at your law firm: “Anna, I hope you get back soon. We have had some trouble at the grocery store he
Tort Client Letter
You receive the following voicemail that has been forwarded to you from Anna, a partner at your law firm:
“Anna, I hope you get back soon. We have had some trouble at the grocery store here today. A customer came in and bought a box of apples – those really shiny ones from Washington State. She was about to walk out the door with the box of apples when she noted how strong the apple box was. She told the check-out clerk that her son was moving and could use some strong boxes like the apple box. She asked to buy some boxes. The clerk said that the boxes were not for sale, but there were a bunch of them in the dumpster in back of the store. The customer then proceeded to leave the store and go around to the back of the store where she attempted to gather apple boxes. In her attempt, she slipped on some banana peels, fell, and hit her head. She is currently in a coma. We don’t know anything else on her condition, but I am scared stiff. What if she doesn’t come out of the coma? Are we going to lose the store? Call me as soon as you get this message.”
You check your e-mail and receive a message from Anna asking that you to analyze the situation and draft a letter analyzing the client’s situation. What possible causes of actions can the injured woman take against your client? What possible defenses does your client have against such claims? Read the attached Tort Letter Assignment and analyze the hypothetical situation posed using the methods we discussed in class. Be sure to discuss the situation in terms of four-part negligence, with specific discussion of the duty owed to the potential plaintiff.
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