Manchester Community College Business Law Worksheet

Description

Watch the video below first, then read the attachment article and respond to the following questions. Please format properly matching each issue with your answer/response.

(59) Woman Burned by McDonald’s Hot Coffee, Then the News Media | Retro Report | The New York Times – YouTube

  • What are the facts of the case?
  • Should the plaintiff have been allowed to recover damages? What did she have to prove to recover? (what is the law?)
  • If so why? If not, why not?
  • What are punitive damages? Should she have been allowed to recover punitive damages?
  • What do you think about McDonald’s offering to settle for $800?
  • What has been the impact on the fast food industry of the result in this case?
  • What did the case finally settle for? (this might take outside research).
  • Should these types of cases be allowed?

(59) Tampa ABC 7 – Dangerous Drains – YouTube

Above is a link to a short video about issues surrounding dangerous swimming pools: Watch the video and then you can answer the questions that are below. You should be able to find these answers in the video and the textbook. You will absolutely need to use the textbook for this assignment as well as the PowerPoints will be useful. The required elements of a particular cause of action might need to be evaluated with the facts given to provide an answer. These required elements are in the textbook and PowerPoints. For example the elements of negligence can be found on page 145 and the elements of strict and product liability start on page 153.

Chapter 9–Intentional Torts and Negligence – Deadly Swimming Pools

One: If a hotel hosts a pool with a dangerous drain cover, and someone dies due to the drain cover, what sort of liability might that hotel have? Ignore criminal issues related to the new law passed, and focus on civil liability under torts and negligence.

Two: Again, ignore the new Virginia Graham Baker Pool and Spa Safety Act. Would a plaintiff meet the requirements of negligence if they sued a pool manufacturer for the danger? What defenses might that manufacturer have?

Three: Discuss the difference between negligence and an intentional tort. Is it possible for an action to move from a negligent action to an intentional tort action?