Question

Describe the circumstances under which someone could assert negligence claims against your company and then explain the standard of care your company must exercise and what, if any, special duties it will owe and to whom. In addition to negligent torts related to the goods and services your company produces, don’t forget to consider potential liability in negligence for customer, employee, and vendor injuries that occur on your premises.

Answer 1

Negligence suits can be brought against the company in a number of different situations such as

1. A customer suffering injury after using company's product that fails to perform according to minimum standards of safety. An example is a customer falling sick after eating stale breads at the restaurant that were used negligently.

2. A customer slipping on the floor because the store failed to clear the mess created by the delivery person.

3. An employee getting an electric shock after being exposed to live wires protruding from a machine.

4. A passerby getting injured as a result of a small piece of packing material Hitting him as it was thrown by an employee out of store premises.

5. An customer burning his hands as a cup of very hot coffee spills in him.

Besides being strictly liable for the quality of its products, a company owes a number of different duties towards employees, customers, partners or anyone who might be affected by the business, in an adverse manner and getting injured as a result. For its premises liability, the company should take reasonable steps to ensure that a customer, visitor or a partner finds it absolutely safe to venture in the premises. The risks can be mitigated by identifying all such causes such as slippery floor, sharp edges, steep inclines, hanging items or anything else which is capable of causing injury. The employees should be trained and engaged in such a manner so as to minimise the risk of such events. In the same manner, the company also owes a responsibility of providing a safe work environment for its employees. The risks of workplace injuries can be minimised by proactively identifying and correcting the potential threats to safety, training the employees in safe operations and employing safety features at all prominent locations where a breach is feared. In general, a safe work practice that keeps the company clear of possibilities of violations of statutory laws is desirable and might save it from liabilities.