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Essay / Research Paper Abstract
A 5 page paper examining the likelihood of success should an individual, Tom Hansen, pursue a lawsuit against Apex Supermarket after slipping on a wet spot in the floor and suffering injuries that required surgery. The paper concludes that Mr. Hansen cannot offer proof of the store manager's statement of knowledge of the spill, and he cannot demonstrate that the spill had been on the floor for any significant length of time. It is likely that Apex Supermarket would request and receive summary judgment. The paper refers to three New York Supreme Court cases, but no sources are listed.
Page Count:
5 pages (~225 words per page)
File: CC6_KSlawHansFall.rtf
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Unformatted sample text from the term paper:
at Apex Supermarket in Manhattan when he slipped and fell inside the store. There was a liquid on the floor surrounding Mr. Hansen that he described as "oily;" the
store manager later reported to corporate that the liquid appeared to be some sort of liquid soap. Where the soap came from remained a mystery, for neither Mr. Hansen
nor the store manager were able to see any source for the substance. Mr. Hansen required surgery on his injured hip; as he was sitting on the floor the
store manager commented that he had told store employees to clean up the spill some time earlier. 1. Can Mr. Hansen recover damages? With a jury?
Mr. Hansen wants to sue the store for damages, primarily to recover medical expenses associated with the ambulance service and subsequent surgery, the need for
which was a direct result of the fall. Though speculation of whether Mr. Hansen can recover damages and be heard by a jury is just that until the matter
goes before a judge, it is unlikely that Mr. Hansens case would survive long enough to actually go to trial. Based on the experiences of other plaintiffs in similar
situations, it is more likely that were Mr. Hansen to attempt to gain a jury trial of the matter, Apex Supermarket would seek summary judgment and quite likely would be
successful in its efforts to have the case dismissed. Though Mr. Hansens fall was unfortunate, it likely would be found to be only an accident for which neither Mr.
Hansen nor Apex Supermarket was legally responsible. 2. Supporting Rule In Goberdhan v Waldbaums Supermarket, the plaintiff entered a retail store twice
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