Negligence and premises liability
The focus of this paper is negligence and premises liability. What is the standard of care and are there any intervening issues that might help in your research? Do not limit your paper to these issues. Your focus will be primarily Washington State case law.
1. Read the fact pattern (see below)
Do legal research for precedent at both the federal and state level
You are to prepare a five to twelve-page case analysis. The points below are to be covered in your analysis. You need to include a cover page (this is not part of the five to twelve pages). Papers must use 12 font type. Each page needs to be numbered and use 1.5 or 2.0 line spacing.
List what are the legal issue(s) facing the plaintiff or defendant.
• Discuss the exact facts that lead you to identify these issues (not all facts).
• What is the applicable law and how does it relate to the facts (your analysis)?
• What outcome do you believe the court will come to (conclusion)?
Grading based on the following:
Issue(s) clearly stated 10%
Exact facts given to support issues – not too much nor too little 10%
Precedent & Analysis 50%
English Composition & format 10%
At about 3:15pm on November 15, 2015, plaintiff, Jason Thorne, and his mother, Billy Ann Thorne, went to the Hardee’s Restaurant in Centralia Washington, owned by defendant, Hardee’s Food Systems, Inc. There were no other customers in the restaurant between 3:00pm and 4:00pm, but two or three workmen were in the back doing construction. The workmen reported that they did not use the restroom and did not see anyone use the restroom. When Jason went to use the restroom, he slipped on water on the restroom floor. He fell backwards, hit his head, and felt a shooting pain down his right leg. He found himself lying in an area of dirty water, which soaked his clothes. There were no barricades, warning cones, or anything else that would either restrict access to the bathroom or warn of the danger.
Jason stated after the fall that his back and leg were “hurting pretty bed.” His mother reported the fall. The supervisor filled out an accident report form, which reported that the accident occurred at 3:50 pm. The supervisor testified that the water appeared to have come from someone shaking his hands after washing them. The supervisor could not recall the last time the restroom had been checked. Jason was taken to a hospital emergency room. As a result of his injuries, he underwent two back surgeries, missed substantial time from work, and suffered from continuing pain and limitations on his physical activities. Hardee’s had a policy requiring that the restroom be checked and cleaned every hour by a maintenance person, who was scheduled to work until 3:00pm, but normally left at 1:00pm. The supervisor could not recall whether the maintenance person left at 1:00 pm. or 3:00 pm on November 15. The defendant was unable to produce the time clock report for that day.
It was also a store policy that whenever employees clean the tables, they would check the restroom. If an employee had to use the restroom, that employee was also supposed to check the restroom. The restaurant supervisor did not ask if any employees had been in the restroom, or if they had checked it in the hour prior to the accident and did not know if the restroom had been actually inspected or cleaned at 3:00pm. The restaurant had shift inspection checklists on which the manager would report on the cleanliness of the restrooms and whether the floors were clean and dry. However, the checklists for November 15 had been thrown away in error.
Jason Thorne filed a lawsuit against Hardee’s Food Systems, Inc. to recover damages for negligence.