TORT CASE: A customer goes to cub foods to buy groceries. They get out of their

Question

TORT CASE:

A customer goes to cub foods to buy groceries. They get out of their car and while proceeding to the entrance fall in the parking lot on some ice. As you should note not all the facts have been specifically listed, but all of you should be familiar with the typical issues that would be brought to light in a slip and fall accident in the winter in Minnesota. Discuss the various issues (all potential assertions and defenses) on all sides in your analysis.

Your assignment is to analyze the following negligent tort claim (tort case) using the analysis form set forth in the materials of:

Duty

Breach of duty

Causation

and

Damages

Explanation / Answer

Duty: In winter Cub Foods has the duty to exercise reasonable care in ensuring that the parking is safe for the customers by removing the ice. Cub Foods rely on the public for their business and they have the liability to maintain the parking lot and make it free from risk of injuries. At the same time the winter in Minnesota is known for injuries during winter and people have more chances of getting hurt. Hence the customers also had the duty to exercise reasonable care while passing through the ice.

Breach of duty: The Cub Foods have breached their duty without maintaining the premises from ice, which caused the accident. The customer also failed to exercise reasonable care while proceeding to the entrance which made him to fall and caused the injury.

Causation: The customer can prove that Cub Foods negligence in removing the ice caused the injury. The grocery store had the duty maintain the premises to avoid accidents, and their negligence has caused the injury for the customer. The grocery store could reasonably have foreseen that their failure to maintain the premises would cause the injury as the injuries are common in Minnesota in winter. The customer relied on the duty of grocery store and believed that the parking would be free from risk and the customer could not foresee the accident. Negligence depends on the ability to foresee the injury. Hence Cub Foods is liable for the injury.

Damages: Cub Foods has the liability and the court would order to compensate the damages of the customer through monetary compensation.

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