What would the customer have to demonstrate to be successful

Assignment Help Business Law and Ethics

Reference no: EM133295858

In New York State, there are two degrees of the from of reckless endangerment:

1. New York Consolidated Laws, Penal Law- Reckless endangerment in the first degree: A person is guilty of reckless endangerment in the first degree when, under circumstances evincing a deprived indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person.

2. New York Consolidated Laws, Penal Law- Reckless endangerment in the second degree: a person is guilty of reckless endangerment in the second degree when he recklessly engages in conduct which creates a substantial risk of physical injury to another person.

Question 1:- You're a prosecutor in Buffalo. In a highly publicized case , a food service worker with a severe and contagious intestinal infection went to work for several days, causing illness in a number of patrons. You're trying to decide whether to bring charges under the reckless endangerment law, and, if yes, whether under the 1st or 2nd degree. Which would you choose (1st, 2nd degree, or neither) and why?

Question 2:- Meanwhile, one of the affected costumers wants to sue the restaurant where the transmission occurred under negligent tort law. Based on the general principles of negligence (don't worry about the particulars of NYS law), what would the customer have to demonstrate to be successful, and with what standard of proof?

Reference no: EM133295858

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