Question

Assignment: What types of legal claims could Patty make against Cash Mart and Geoffrey?

Notes:

Introduction
In this assignment, you’ll need to decide whether Paula Plaintiff has any legal claims arising from a series of unfortunate events. After reading the scenario, answer the questions that follow, making sure to fully explain the basis of your decision.

Paula Plaintiff is shopping at her favorite store, Cash Mart. She is looking for a new laptop, but she can’t find one she likes. Then, realizing that she is going to be late for an appointment, she attempts to leave the store, walking very fast. However, before she can leave, she is stopped by a security guard who accuses her of shoplifting. Paula, who has taken nothing, denies any wrong doing. The officer insists and takes Paula to a small room in the back of the store. The guard tells Paula that if she attempts to leave the room she will be arrested and sent to jail. At this point, the guard leaves the room. Paula is scared and waits in the room for over an hour until the manager comes in and apologizes and tells Paula that she is free to go.

About this same time, Geoffrey Golfer is hitting golf balls in his backyard. Geoffrey decides to break out his new driver and hits a golf ball out of his backyard into the Cash Mart parking lot. The golf ball hits Paula Plaintiff on the head and knocks her unconscious just as she is leaving the store.

Instructions
In a 6–10 paragraph paper, answer the following questions:
What types of legal claims could Paula make against Cash Mart and Geoffrey?
Consider the following:
What are the possible tort claims that Paula can make against Cash Mart? Discuss the elements of the claim and how those elements relate to the facts in the scenario.
Was Geoffrey negligent when he hit the golf ball that injured Paula? Discuss the elements of negligence and use facts from the scenario to support your decision.
If Paula files a negligence claim against Geoffrey will she file in civil court or criminal court? Explain the difference between civil court and criminal court.

This course requires the use of Strayer Writing Standards. For assistance and information, please refer to the Strayer Writing Standards link in the left-hand menu of your course.

In addition to your textbook, you have access to Nexus Uni through the Strayer University Library. Please take advantage of this excellent legal resource!

The specific course learning outcome associated with this assignment is:

Determine if a plaintiff can make legal claims based on the events in a given scenario.

Answer 1

Patty Plaintiff wants to sue Cash Mart, and she has the right to. Patty can sue Cash Mart for slander and defamation. When an individual tends to make a public statement about that plaintiff, which is heard by a third party, that can lead to the plaintiff’s reputation being ruined, this is defamation of character. This statement caused injury. In defamation cases, an injury occurs when the plaintiff’s reputation is harmed by a statement made. In this case Patty’s reputation was harm as a result of a security guard claiming that she was shoplifting in the presence of other shoppers as well as employees of Cash Mart. The statement was not true. In defamation cases, it is not enough to simply say that the statement made caused damage to the plaintiff’s reputation, but the statement has to also be proven to not be true. This applies with Patty Plaintiff’s case because the accusations made against her were not true. Patty Plaintiff’s best bet would be to obtain an attorney for the situation that occurred in Cash Mart. She may have a legal claim against Cash Mart, because their security guard false imprisonment, falsity, defamation and intentional infliction of distress, all based on the false accusation of theft, which led to her being held against her will.