Question

A woman was shopping in the deli department of a grocery store. She slipped and fell on some grease on the floor from the rotisserie chickens. The woman went to the emergency room and established that she had a broken wrist. The woman sued the grocery store for negligence. List the four elements required to establish the tort of negligence in this case. Then, relate each element you have listed to this case.

Write your answer using the format below:

Four elements -

Relate each element to the case.

Answer 1

answer-

Negligence is the civil wrong in which act of one person cause harm to another.There are four elements that are require to establish the tort of negligence- Duty of care, Breach of duty,Cause and Damages.

Duty of care-

This is the first element that Plaintiff has to prove. Duty of care means a person or organization have legal obligation or duty of safety and care of others.A duty of care arise when law recognizes that defandent owed duty of care and act as reasonable person towards plaintiff.

When any customer walks in any department store then store and his owner has duty of care that people inside the store are safe and free from any kind of harm.

Breach of duty-

Breach of duty means defendant failed to act as reasonable person and breached the duty owed to plaintiff. Woman has to prove that department store breached that duty. She can prove that there are grease on the floor from the rotisserie chickens when she was shopping.The department store should make floor clean and safe from incidents like slip and fall.

Cause or causation-

This is the third element in which plaintiff must prove that Defendant's conduct caused the planintiff harm. In this stage, Woman can prove that she slipped and fell in the store due to grease was on the floor of the store.

Damage-

It is very necessary to prove that plaintiff actually suffered damage or harm. The woman went to the emergency room and established that she had a broken wrist. She can show her medical bills to prove this.