Whole Foods and the other defendants likely have a strong argument that the storm in progress doctrine shields them from liability in our client’s slip and fall case. The storm in progress doctrine holds that a business does not have to remove snow or ice from their property while a storm is on-going. Once a storm ends then a business has a reasonable amount of time to remove the snow or ice before they risk liability from slip and falls. Kansas adopted the storm in progress doctrine in 1991, but has only revisited the doctrine a few times. Therefore this memorandum notes other jurisdictions view of the doctrine when Kansas has not yet addressed a particular question.
Our Plaintiff has several arguments available to her to show why the
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The storm in progress doctrine holds that a business does not “breach the duty of ordinary care by not removing snow or ice from outdoor surfaces during a storm and a reasonable time thereafter.” Agnew v. Dillons, Inc., 822 P.2d 1049, 1054 (Kan. App. 1991). While a business may normally have to remove snow or ice, it is not expected to do so if the storm continues. Id. In Jones, the Kansas Supreme Court affirmed that Kansas followed the storm in progress doctrine and found that it was good public policy. Jones v. Hansen, 867 P.2d 303, 311 (Kan. …show more content…
Role of Plaintiff’s Knowledge
A final issue to consider is the role of the plaintiff’s knowledge. Kansas courts have not been clear whether a plaintiff’s knowledge of icy conditions matters for slip and fall cases. Several Kansas courts have noted when a plaintiff had knowledge of icy conditions before they fell. Agnew, 822 P.2d at 1054; Childs v. Goodland Econ. Lodging, Inc., 277 P.3d 1193 (Kan. Ct. App. 2013); Hayes v. Kit Mfg. Co., 198 F.3d 528 (10th Cir. 1999) (applying Kansas law). For example, in Agnew, the Kansas Court of Appeals based the storm in progress doctrine partly on the fact that plaintiffs should be aware of the weather and its effects before they venture outside. Agnew, 822 P.2d at 1054.
Courts have largely not framed plaintiff’s knowledge in terms of either comparative negligence or assumption of risk. But it may be possible that Whole Foods could use these arguments as defenses. One Kansas court has recognized that comparative negligence is a valid defense in a slip and fall case. Hardesty v. Coastal Mart, Inc., 915 P.2d 41, 48–49 (Kan. 1996). Therefore, it is possible that Whole Foods could argue that our client is responsible for her own injuries because of her knowledge of the weather.
III. Duty to
The case of Kamloops v. Nielson was a landmark decision for tort law, since it established the duty of care principle in Canadian private law, which prior to this case was used in the Anns v. Merton case and expanded the scope of duty first identified in Donoghue v. Stevenson. In the historic case of Donoghue v. Stevenson, duty of care was established to include anyone that could be foreseeably harmed by someone’s actions, creating the neighbour principle. The Anns v. Merton case expanded the scope of the neighbour principle to including public bodies, such as the municipality. The case involved a faulty building foundation, which resulting in requiring repairs for the house, and whether the municipality should have to pay for the repairs, since it was the job of the municipality to inspect and ensure the building was properly constructed. Whether public tax allocations should be subject to tort litigations was placed in question in the case but the municipality was held liable for damages nevertheless.
City of Pinellas Park v. Brown was a case brought to the District Court of Appeal of Florida, Second District by the plaintiff Brown. In this case, the Brown family sued the City of Pinellas Sheriff Department on the grounds of negligence that resulted in the tragic death of two Brown sisters during a police pursuit of a fleeing traffic violator Mr. Deady. The facts in this case are straight forward, and I shall brief them as logical as possible.
In the book Storm Over Texas, by Joel H. Silbey the critical controversy of North vs. South is displayed. The book goes into great detail of the wild moments leading into the Civil War, the political dysfunction that ran throughout Texas, and many reasons the American Civil War sparked up in the first place. This book truly captives great Texas history and has valid information and points of our states different point of views on history.
They may want business held liable for foreseeable third party criminal attacks on trespassers. To prove their point they may look at the dissent written by Justice Liacos in Schofield v. Merrill, 386 Mass. 244 (1982). An adult trespasser wanted to recover for damages he suffered on the defendant’s property. He jumped into a quarry filled with water and injured himself; there were no warning signs near this quarry. Id. at 245. The court denied the plaintiff’s request, reiterating that the foreseeable trespasser exception only applies to children, not adults. Id. at 254. Justice Liacos’ dissent said that extending the common law to include foreseeable adult trespassers would be a natural-and-limited extension of legislative policy. Id. at 255. The Melvilles may point to that line and say that their extension would be natural and limited. The Massachusetts Court dealt with this issue saying parties are only held liable if the injury was foreseeable. Whittaker v. Saraceno, 418 Mass. 196, 200-201(1994), McKinney-Vareschi v. Paley, 42 Mass.App.Ct. 953, 954 (1997). In Whittaker, a court barred a tenant from recovery because the criminal act was not foreseeable. The facts in this case are very similar to ours. An unknown third party approached a woman, blindfolded her, brought her to an underground parking garage, and raped her. Id. at 197. There previously had been evidence of theft
Mitigation: Measures taken to lessen the consequences of disaster events upon our citizens and our
University of Colorado IBS (Institute of Behavioral Science). 1975. Snow avalanche hazard in the United States: a research assessment. Assessment of Research on Natural Hazards, Program on Technology, Environment, and Man, Monograph NSF-RA-E-75-017.
On the 1st of October in the year 2017, the defendant, in this case, the supermarket was found liable for the case Susan injury in the supermarket's premises. The hip injury on Susan’s hip which was a result of the slipping over a squashed banana. The presence of the squashed banana in the premises was an outright sign of negligence and recklessness by the supermarket's staff. (Damage law)
In the short story “The Storm” by Kate Chopin, the two main characters, Calixta and Alcee, had chemistry several years before the adulterous affair transpires. One day during a storm the two would reunite and ignite the flame that once existed. This is the basis for the story, a storm within two marriages. Underneath the subliminal words of the story, there is a deeper meaning. “The Storm” helps define the sexual standards within the late nineteenth century while also making a dominant statement in regards to human sexual instincts and needs. The storm invokes suppressed emotions that Calixta & Alcee eventually act upon.
In James S. Hirsch’s book about Rubin "Hurricane" Cater, Hurricane, the author describes how Carter was wrongfully imprisoned and how he managed to become free. Hirsch tells about the nearly impossible battle for Carter and his friend John Artis for freedom and justice. Both, Carter and Artis, were convicted of a triple homicide, and both were innocent.
January 12, 1888, a blizzard covered the northwest part of North America that claimed many lives. This blizzard was considered to be the worst blizzard of all time, and was dubbed the “the Schoolchildren’s Blizzard”, for claiming the lives of so many school children on their way home. The death toll of this murderous blizzard rose, because of lack of preparation and being uninformed. During this time, many farmers and families were unprepared to survive a blizzard of this magnitude, by the lack of clothing they wore. Forecasters were not as accurate enough to inform people on the weather conditions. Also, shelter was a major factor in protecting themselves from the winter storms, but the shelter was not stable
For the purpose of this paper, we will discuss a weather event that few think of regarding natural disasters; winter storms. Winter storms are different from a snowy day in that a winter storm can include heavy snow, damage-causing ice, high winds, dangerously low temperatures, low visibility, or any combination thereof (America’s PrepareAthon, 2015) and makes travel extremely hazardous. A winter storm can affect an entire region and victims may experience loss of utility services, limited mobility, among various personal crises (illnesses, accidents, or death). For example, between November 17 and November 20, 2014 Buffalo, New York was buried under 7 feet of snow causing thirteen fatalities, hundreds of roof collapses/structural failures, thousands of stranded motorists, downed trees, and power outages in addition to food and gas shortages (National Weather Service, n.d.). In the most severe winter storms, snow plows, and emergency services personnel often have a difficult time keeping up with the needs of the region; therefore, it may be hours, days or even weeks until conditions are safe and services are
Would privity of contract be required for Kolchek to succeed in a product liability action against Great Lakes?
RomComs that are set in Seattle all have the mystical rainy feel to their movies, and seem to share a trope I find endearing. Protagonist number one had the worst day of their life and just seem to be down on their luck when BOOM! Sudden downpour emerges. All hope is lost, until their white knight comes in with his roomy umbrella. With makeup running down her face, protagonist takes up the white knight' offer of protection, and they live happily ever after. The idea of helping anyone, no matter their looks, is charming. It's the same charm the Constitution, the subtle swelling of the chest, and the glimmer of the eye, but the glimmer is the brightest in the fourteenth amendment, which states that every citizen receives equal protection under the law. The government handles our umbrella, fourteenth amendment, covering us from sudden downpour. This right is the fundamental basis of
Memories are all we have sometimes, but what if memories bring out unwelcome feelings? In Romesh Gunesekera's short story "Ranvali," a young lady goes back to her father's old holiday bungalow and begins to discover new feelings toward her beloved Communist father. The story is set in an idyllic bungalow in Ranvali, by the coast of India. Theorists such as Roland Barthes would argue that setting in modern narratives "no longer need meaning: they simply are: that is their meaning." (qtd in Chatman 145). However, in "Ranvali," the storm that besieges the bungalow while the young lady is there clearly mimics her thoughts and gives the reader a greater sense of the inner turmoil that she must be going through. It can thus be shown that the storm is an essential part of the setting that Gunesekera uses to evoke certain feelings in the readers of "Ranvali."
There once was a man who dreamed he was at the end of his life. He saw his life as if it were a walk along a beach with Jesus. As he looked back over his life he saw two sets of footprints in the sand along most of the way -- one set belonging to him, the other to Jesus. He noticed, though, that many times along the path of his life there was only one set of footprints in the sand. He also noticed that it happened at the very lowest and saddest times in his life.