Intelligence Synthesis Discussion
For this unit, watch torts in action and give an oral presentation on your findings. Go to any place of business (perhaps if you have a part-time job or an internship), or use our Lynn University campus for this assignment. Then, find FOUR potential tort issues that you see.
Next, complete a formal outline of your oral presentation, including, for each potential tort, an explanation of (1) facts and the potential injury which may occur and the specific tort which may be involved, (2) legal elements of that tort, (3) application of those elements to the facts; (4) your potential questioning of the validity of legal defenses to that tort actions.
For example, you may notice water puddling in the bathroom. Explain how a person could slip, fall and be injured. Note that injury could trigger negligence. Specify the four elements of negligence and specifically apply the elements of the tort to the facts. Complete the analysis by examining potential defenses to the tort of negligence and why that, in your opinion, would not apply. Submit that formal outline to the professor.
Answer:
Formal Outline for Oral Presentation on Tort Issues Observed at a Place of Business
I. Introduction A. Brief overview of torts B. Importance of recognizing potential tort issues in a place of business C. Purpose of the presentation
II. Potential Tort Issue 1: Slip and Fall A. Facts and Potential Injury 1. Water puddling in the bathroom 2. Possible slip and fall resulting in injury B. Specific Tort Involved 1. Negligence C. Legal Elements of Negligence 1. Duty of care owed to the plaintiff 2. Breach of that duty of care 3. Causation between the breach and the plaintiff’s injury 4. Damages suffered by the plaintiff D. Application of Legal Elements to the Facts 1. Duty of care owed by the business to its customers 2. Failure to maintain a safe bathroom environment 3. Slip and fall resulting in injury due to the water puddling 4. Physical and emotional damages suffered by the plaintiff E. Potential Defenses to the Tort of Negligence 1. Assumption of risk by the plaintiff 2. Contributory negligence on the part of the plaintiff 3. Lack of foreseeability of the harm caused F. Examination of the Validity of Legal Defenses 1. Assumption of risk may not apply if the danger was not obvious 2. Contributory negligence may not apply if the plaintiff did not contribute to the cause of the injury 3. Lack of foreseeability may not apply if the business had a duty to anticipate and prevent such harm
III. Potential Tort Issue 2: Product Liability A. Facts and Potential Injury 1. Defective product causing injury to the user B. Specific Tort Involved 1. Product liability C. Legal Elements of Product Liability 1. Defective design or manufacturing of the product 2. Failure to warn of potential hazards associated with the product 3. Proximate cause between the defect and the injury suffered by the plaintiff D. Application of Legal Elements to the Facts 1. Defective design or manufacturing of the product 2. Failure to warn of potential hazards associated with the product 3. Injury suffered by the plaintiff as a result of the defect E. Potential Defenses to Product Liability 1. Misuse of the product by the plaintiff 2. Assumption of risk by the plaintiff 3. Contributory negligence on the part of the plaintiff F. Examination of the Validity of Legal Defenses 1. Misuse of the product may not apply if the product was used as intended 2. Assumption of risk may not apply if the danger was not obvious 3. Contributory negligence may not apply if the plaintiff did not contribute to the cause of the injury
IV. Potential Tort Issue 3: Invasion of Privacy A. Facts and Potential Injury 1. Unauthorized collection or use of personal information B. Specific Tort Involved 1. Invasion of privacy C. Legal Elements of Invasion of Privacy 1. Intrusion into the plaintiff’s private affairs 2. Public disclosure of private facts about the plaintiff 3. False light in which the plaintiff is publicly presented 4. Appropriation of the plaintiff’s name or likeness for commercial purposes D. Application of Legal Elements to the Facts 1. Intrusion into the plaintiff’s private affairs by collecting personal
