Torts Quiz 3 Lesson 5

Homeowner Jacqueline is suing Clean Carpetz, Inc. over a black mold problem stemming from a failed attempt to shampoo her living room carpet. The jury found that Jacqueline was partly responsible for the black mold problem because she did not install proper under padding for her living room carpet. The jury also found Clean Carpetz, Inc. partly responsible for the black mold problem because it failed to adequately dry the shampooed carpet after cleaning. Break down this case by applying tort law to the scenario.

1. Jacqueline 2. Clean Carpetz, Inc. 3. Negligence 4. Duty, breach of duty, injury and recognizable injury 5. Clean Carpetz had a duty to Jacqueline to shampoo and dry her carpets properly. They breached this duty by not properly drying her carpet. This resulted in the development of black mold which can cause serious health issues. The black mold is the recognible injury due to the company's negligence. 6. The jury found Jacquline partily at fault; however, as a company, the company failed to provide the services Jacqueline paid for (contributory negliegence). Therefore the company will be found guilty but the company may file an appeal and/or file suit against the shampoo company under strict product liability. The company or product was not the issue but the shampoo caused black mold when not properly dried. the damages are totaled and then reduced according to their contribution to the injury The Plaintiff will not recover damages if they are found to be either qually responsible or more responsible for the injury.

Dominick is a tax preparer. His former client named Yasmine is suing him over a hacked bank account from which thieves stole $2,500. The whole problem began with the electronic card reader Dominick used to process payments he received from his clients. At the start of tax season, Dominick received an email from the card reader company regarding an important software update. Dominick was so busy with clients that he forgot all about the software update. In April, Dominick was notified once again that the software update was overdue. By the time Dominick updated the software, Yasmine's account information had already been compromised. Now Yasmine is suing him to recover the money hackers stole from her bank account. Determine Dominick's tort liability by applying tort law to the facts of the case using the template below

1. Yasmine 2. Dominick 3. Negligence 4. Duty, Breach of duty, causation and injury 5. Dominik's duty was to keep Yasmines banking information safe. Yasmine will have to prove that Dominik breached that duty by being negligent and not updating his software. Due to his negligence, this cause Yasmine's information to be compromised resulting in damages (causation). This cause her bank account to be hacked resulting in money being stolen (injury). 6. Dominick will be found guilty because it was his responisble or his duty to make sure the app or sites he used for his business were safe for his customers and would protect his customers from harm. He failed to do this when he ignored the notifications of security updating to the software he was using. He could have avoided this by simply updating the software to keep all his customers including Yasmine safe from hackers.

A manufacturer sold space heaters with faulty thermostats. As a result, several customers were injured when their space heaters caught fire. Under what legal theory will the space heater manufacturer be held liable for the customers' injuries?

Strict liability

A motorcycle bar hosted an all you can drink "chugging" contest for its patrons. Later, one of its patrons caused an accident that injured a road worker. Under what legal theory will the motorcycle bar be held liable for the road worker's injuries?

Strict liability

Retired utility workers are suing their former employer for knowingly exposing them to asbestos without warning them of the health risks. The retired workers did not learn of the prolonged exposure until long after their retirement because the company engaged in a systematic cover up of the exposure. The retired workers' cause of action is for which of the following?

Battery

Assault and battery require the same intent to do which of the following?

Cause offensive contact with the plaintiff

Monica was shopping for a new phone when she was detained for suspicion of shoplifting. The detention lasted for 6 hours. If the store manager asserted that he had the right to detain Monica under the shopkeeper's privilege. What does the shopkeeper's privilege require with respect to the length of a detention?

The store can only detain the customer for a reasonable amount of time.

Exaggerated seller's talk used to attract customers is known as

puffery