Very quickly, I still think the answer is no. Assuming the officer was responding to an emergency and entering unannounced and unescorted, I believe he should have anticipated the guard dog as a possibility. Were there “Beware of Dog” signs or any similar warnings? If yes, then he definitely should have anticipated it. Plus, I would think that officers are trained to anticipate a guard dog or other similar dangers when entering a premise, especially if unannounced or unescorted. However, if the owner escorted the officer in or invited him in and did not warn the officer of the dog, then he could state a claim.
§ 425 ILCS 25/0.01 et seq – Fire Investigation Act
§ 425 ILCS 25/9f. [Premises owner's duty of care]
Sec. 9f. The owner or occupier of the premises and
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Q.S.E. Foods, Inc., 60 Ill. 2d 552 (1975). The widow filed a negligence action against the store owner. The complaint alleged that the store owner negligently failed to provide adequate lighting in a darkened exterior area of the store. The complaint further alleged that, as a direct result of the store owner's negligence, burglars concealed themselves on the store premises and ambushed the decedent, a police officer, while he was in the process of conducting a security check at the rear of the store. The trial court dismissed the suit for failure to state a cause of action. The appellate court reversed and remanded to the trial court. The store owner appealed and the court reversed. The court noted that the decedent, who was on the premises in the performance of his duty, was owed the same duty of care of care which the store owner owed to an invitee. The court concluded that the risk to which the decedent police officer was subjected to because of the conditions on the premises was not an unreasonable risk for a police officer. The court concluded that there were no allegations that established a duty on the store owner to use reasonable care for the protection of the
Dustin SOLDANO, Plaintiff and Appellant, v. Howard O'DANIELS, Defendant and Respondent. 141 Cal.App.3d 443, 190 Cal.Rptr. 310 Court of Appeal, Fifth District, California. (March 28, 1983) OPINION ANDREEN, Associate Justice. Does a business establishment incur liability for wrongful death if it denies use of its telephone to a good samaritan who explains an emergency situation occurring without and wishes to call the police? This appeal follows a judgment of dismissal of a complaint for wrongful death upon a motion for summary judgment...[by defendant]. "This action arises out of a shooting death occurring on August 9, 1977. Plaintiff's father [Darrell Soldano] was as shot and killed by one Rudolph Villanueva on that date at defendant's
The Alison Peterson v. Grocery Depot Inc tort lawsuit is about an incident that occurs in countless grocery stores across the United States. Peterson is alleging Grocery Depot Inc. was negligent in their duty of care to her as a business visitor. Grocery Depot Inc. as a property owner has a legal duty to maintain the grocery store premises in a safe and hazard free condition or to warn a customer about any situation that could be dangerous. Peterson alleges Grocery Depot Inc breached this duty, which resulted in her slip and fall.
Yes, the plaintiff properly filed the complaint within the time period of three-year statute of limitations required by the state of South Dakota, to sue against Walmart, Inc. For this reason the plaintiff have the litigation to sue Walmart for the defective design and the trauma the plaintiff suffered when the toy watercraft exploded it. Therefore, the Walmart assistant manager Josh Hehn, who were physically available at the time of service need to respond to the court order to appear in court to answer the complaint made by the plaintiff. In addiction, the Walmart designated agent, who accept service of process for South Dakota lawsuit, need to answer the allegations
In the case of Varner v. National Super Markets, 94 F.3d 1209 (8th Cir. 1996), cert. denied, 519 U.S. 1110 (1997), Ms. Varner was severely harassed by a coworker and her fiance reported the harassment to the manger of the store (Walsh, 2013). Since it was stated in the company policy that the victim was report the harassment themselves to the human resource department, the manager did not do anything about the reports (Walsh, 2013). Sexual harassment is widespread and up to half of women in the workforce experience it at some point, but it is rare to have a formal complaint filed (Vijayasiri, 2008).
Police involvement was necessary since security was unable to assist that night; security services are complementary since the guard must service all three of Ms. Miner’s complexes, thus encouraging the use of police with emergency situations. Ms. Miner was uneasy when she learned about the assault and personally emailed the Plaintiff to inquire about her condition and to clarify that damages to the unit be repaired. Yet, Plaintiff responded by placing the blame on her ex-boyfriend for the damage, claiming that he wasn’t a guest (Exhibit 7); nonetheless, Plaintiff reluctantly paid $2500 for repair costs
1. This story is about the Supreme Court’s decision. What process did this case have to go through to get to the Supreme Court?
Kelley acquired employment as a mattress salesman at Bed-Mart in January 2000. Upon employment, all sales personnel must sign a convent which includes both confidentiality provision - not and non complete provisions. In July 2000, Kelly ended his employment at Bed-Mart and began to work at Sleep America.
Religious rights of the individual have always been an issue because of the very diverse world we live in. This causes issues for the courts who then have to make a decision in regards to something very personal to people. In the case of Burwell v. Hobby Lobby Stores the issue lies in the religious rights of a private corporation not wanting to provide certain forms of birth control because it violates their personal beliefs as devout Christians. The Supreme Court should not have ruled in favor of Hobby Lobby because this sets the precedent of allowing certain individuals to be exempt from laws and regulations imposed on other corporations. But not every justice agrees, Ginsburg
“In Burwell v. Hobby Lobby Stores, Inc., a five-Justice majority held that the contraception mandate of the Affordable Care Act failed to satisfy the strict scrutiny that the Religious Freedom Restoration Act (RFRA) requires of federal laws that burden religious exercise (Gedicks 1).” Burwell means the Secretary of the Department of Health and Human Services (HHS). In this case of Hobby Lobby versus Burwell, it is accused that the government has violated the plaintiff’s constitutional rights. Hobby Lobby refused to provide insurance that covers birth control because it violates their religious beliefs. It is said that the government “shall not substantially burden a person’s exercise of religion (Burwell v. Hobby Lobby, INC)” unless the government
Mr. Favies stated that he did not want Mrs. Hebert inside of the store with a handgun and that he wanted to pursue charges. Mrs. Hebert was found to have intentionally, knowingly, and recklessly carried a handgun inside of a place that was not her own premises or that was not under her person’s control. Mrs. Hebert was advised that she was under arrest. Mrs. Hebert was transported to CDC for Unlawful Carry of a
See, e.g., Wal-Mart Stores, Inc. v. Bertrand, 37 S.W.3d 1, 10 (Tex. App.—Tyler 2000, pet. denied) ("Refusing an employee's request for a lateral transfer does not qualify as an adverse or ultimate employment decision like hiring, granting leave, discharging, promoting or compensating."); Padilla v. Flying J, Inc., 119 S.W.3d 911, 915-16 (Tex. App.—Dallas 2003, no pet.) (holding that a transfer was not a tangible employment action because the transfer did not result in a change in pay and the employee did not suffer any economic harm); Griffin v. Sea Mar Mgt., Inc., 243 F. App'x 852, 854 (5th Cir. 2007) (holding that plaintiff did not present a prima facie case of intentional racial discrimination because refusal to promote appellant did not constitute an adverse employment action); Maestas v. Apple, Inc., 546 F. App'x 422, 426 (5th Cir. 2013) ("[P]urely lateral transfers do not constitute adverse employment actions.") (citing Burger v. Central Apt. Mgmt., Inc., 168 F.3d 875, 879 (5th Cir. 1999)).
While leaving the police department parking lot, I observed Sherry lying on the front driveway of the Griffith Fire Department. This officer and a citizen assisted Sherry back into the building. Sherry stated she finished voting and was walking back to her vehicle and tripped over the uneven sidewalk. Sherry suffered minor abrasions to her right knee and palms of her hands. This officer offered Sherry medical attention, however, she knowingly and willfully refused. Sherry stated she would be fine and departed on her own. This officer photographed the uneven ground.
Have you ever been pulled over for one thing and been charged with another? In many situations, this has happened with police dogs as the culprit. Police officers bring their dogs along with them on a lot of runs and this turns out to be wrong. Police dogs search for what they’ve been trained to find, they find items out of sight, and the dogs are invading the people's right to privacy, and with that, a sniff from one of them is considered a search.
Comp. stated that she will advise Suspect to not come back to the store the next time Suspect comes by the store. I advised Comp. to call the Police Department next time she had a problem with Suspect or with any other issues. Nothing
Samara Brothers, Inc., the respondent in this case is an organization that designs and manufactures children's clothing. Samara Brothers, Inc., focal products focus on spring or summer one-piece seersucker clothing decorated with appliques of hearts, flowers, fruits and other stuff to attract children. In addition, there are a number of other chain stores, such as JCPenney that sell this line of outfits under contract with Samara Brothers, Inc.(Vana, 2012), on the other hand, we have the petitioner Wal-Mart Stores, Inc., described as the nation's paramount known retailers, which deals in among other products children's clothing (Vana, 2013). This organization, Wal-Mart Stores, Inc., contracted with one of its suppliers in 1995, Judy-Philippine, Inc., to manufacture a variety of children's clothing for sale during the 1996 spring/summer time.