Reference no: EM133513525

Case Study: Background Facts You Need To Know: Jack, a Clean employee, was assigned to clean and disinfect Client A's office building. Jack's first task was to vacuum the floors in a wide hallway. Jack plugged Clean's commercial vacuum cleaner into the hallway outlet with an extra-long electrical cord and began vacuuming. Before vacuuming, Jack checked to ensure the hallway was clear of obstacles and people walking. After checking the hall, he placed the cord to the side of the hallway out of the path of his pushing the vacuum. After vacuuming for a few minutes, Jack stepped to the side to turn the vacuum and tripped over two boxes placed in the hallway by Client A's employee before Jack began vacuuming. While Jack checked the hall before vacuuming, he did not notice the boxes had been placed in the hall.

Jack fell, broke his ankle, and was taken to the hospital ER via ambulance. A cast was applied after determining that the ankle did not need surgery. Jack missed three weeks of work because of the injury.

Instructions

Report You Need To Prepare: You must compose a report addressed to Winnie and Ralph. Winnie and Ralph will use the report in discussion with the Clean owners. The report must address each of the following points:

Question 1. Analyze whether Jack has a negligence claim against Client A.

Question 2. Identify any potential defenses Client A may raise in response to Jack's negligence claim. The analysis must explain why the defense may be raised.

Question 3. Given the negligence claim and the potential defenses, conclude whether Jack or Client A should prevail in the lawsuit. You must weigh the strength of Jack's negligence claim against the strength of Client A's defenses.