TO: Steve Stinson Esquire FROM: Paralegal DATE: March 18, 2015 RE: Smith v. Growler's Groceries This memorandum summarizes my interview and findings with Ms. Jones and summarizes Ms. Jones' credibility as a witness. The memorandum also includes the duty of care owed by the Growler's groceries store to it's customers. Additionally, included are facts that show that Growler's grocery store did not comply with the applicable standard of care. INTERVIEW OF ROBIN JONES I spoke with Ms. Jones at her home on Friday, March 1, 2015 at 9:30 AM. She is a Caucasian woman of petite height and build. She was clothed in her jogging outfit having just returned from her morning run. Ms. Jones demeanor was grim and long-faced as if she …show more content…
Ms. Jones stated the the fall of Ms. Smith was “not pretty” as her legs slipped from under her, causing her to lose control of her shopping cart and hit the floor hard. Ms. Jones is confident of what she saw and what she said to Ms. Smith prior to her fall. Ms. Jones admitted being apprehensive towards the interview because she did not want to any harm brought onto her employer. Ms. Jones came across as truthful and honest during her interview. ISSUES Did Growler's grocery store breach it's duty of care to it's customers when they did not attend to the spill quickly enough? And did they breach there duty of care by allowing objects to fall from there shelves? Contributory Negligence? Did the plaintiff Ms. Smith contribute to her own harm when she did not hear or heed the warning of store employee Robin Jones? RULE Pursuant to case law, a duty of care is an obligation to conform to a standard of conduct prescribed by law. It is a duty imposed by law from which an obligation arises to act with due care, meaning reasonably, failure to do so is breach of duty of care. Pursuant to Invitee Rule a person who enters the land of another, with permission for the benefit of the landholder, for the mutual benefit of them both, or for the purposes for which the property is held open to the public, such as a customer in a store or restaurant, or a client to a business. The landholder owes the greatest duty of care
Duty of care is a requirement to exercise a reasonable degree of attention and caution to avoid negligence which would lead others to harm. You need to be aware of the surrounds at all time and check if there are any hazards which could be harmful.
Duty of care is a requirement that all health and social care professionals, and organisations providing health and care services, must put the interests of the people who use their service first. They also have to do everything in their power to keep people safe of any harm, neglect or risk. As an individual healthcare worker you owe a duty of care to your service users, your colleagues, your employer, yourself and the public interest. All duty of care is described I Code of Practice. Duty of care means that you must aim to provide high quality care to the best of your ability. If for any reason you can’t do this then you must say so. You must adhere to a standard of reasonable care and you are expected to:
A duty of care is the requirement that all health and social care professionals, and organisations providing health and care services, must put the interests of the people who use their services first. They also have to do everything in their power to keep people safe from harm. People have a right to expect that when a professional is providing support, they will be kept safe and not be neglected or exposed to any unnecessary risks. The expression is that we ‘owe’ a duty of care to the people we work with. ‘Owe’ is a useful word to describe the nature of the duty of care because it is just like a debt. It is something that you must pay as a part of choosing to become a
We all have a duty of care to everyone we come into contact with or have an effect on, this responsibility increases as we take on more responsible roles such as being a coach. Duty of Care is a legal commitment to being responsible.
The issue in this case as it relates to the Kentucky tort of negligence is governed by rules or principles established by the courts. The elements of negligence are a duty the defendant owes to the plaintiff, a breach of that duty by the defendant, a causal connection between the breach and the plaintiff's injury, and actual injury. In the absence of any one of these elements, no cause of action for negligence will lie.
A duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeable harm others. A definition from Wikipedia
Mr. D’ Lake, why are there missing signatures on the produce and deli floor inspection log? This establishes that the employees did not follow the company’s safety procedures
Duty of care is defined as ‘legal obligation to take reasonable care to avoid causing damage’. Duty of care in my role at work includes keeping the children safe and away from harm at all times whilst under my care but also to allow them to take risks and
Art and Bill were leaving work one afternoon when they were approached by Charlie, who was
Principles for implementing duty of care in health, social care or children’s and young people’s settings
This is a requirement that a person acts towards others and the public with the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would use. If a person 's actions do not meet this standard of care, then their actions may be considered negligent, and any damages resulting may be claimed in a lawsuit for negligence. Professional workers owe a specific duty of care to all vulnerable people with whom they work. The standard of conduct and behaviour expected of people in their professional role is higher than for other people because of the professional training they have received and the level of responsibility they assume.
While making observations during field work, Ben and Maureen actually saw an employee take previously thrown away dog food out of a dumpster and place it in Henry’s vehicle. I knew from this incident, that Smackey Dog Foods, Inc had a major weakness in their internal controls with inventory and possibly an outright problem with theft. My team was present at the physical inventory count to help ensure the accuracy of the count and we performed various analytical procedures on the inventory such as comparing the gross margin percentage, the inventory turnover, and unit costs of inventory with those of the previous years. We also ensured that all expired/obsolete inventories was disposed of and not counted as we were aware of an issue that Smackey was having with the handling of returned inventory.
Wikipedia describes “a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others”. I understand that a Duty of Care within my work role requires many things. Firstly, the children are placed into the environment by parents who want the best for their children. They expect they staff to have a degree of knowledge and understanding including education and training, to enable them to look after their children to the best of
Plaintiff further asserts that the Defendant breached its duty of care to her by: (1) “failing to fix a hazardous condition within a reasonable time;” (2) “failing to adequately warn plaintiff of a hazardous condition;” and (3) “otherwise failing to exercise reasonable and due care under the circumstances.” The Plaintiff is seeking compensatory damages in the amount of two hundred thousand dollars, plus interest and costs.
The jury applied the law correctly since it was determined that McDonald’s was acting outside the parameters of peers, had been previously warned of and settled cases associated with scald burns, and did not properly or clearly notify patrons of the level of severity of the inherent danger. The standard of proof for success exists such that “the plaintiff must prove that the defendant knew or should have known that, without a warning, the product would be dangerous in its ordinary use…” (Kubasek, et. al., in Hartigan, ed., 2004, p. 172). In this case, the temperature of the item and the inadequate marking of the container, in the