Question

3. DSC Industrial Supply and Road Rider Supply are located in North Kitsap Business Park in Seattle, Washington. Both firms are owned by Paul and Suzanne Marshall. The Marshalls had outstanding commercial loans from Frontier Bank. The bank dispatched one of its employees, Suzette Gould, to North Kitsap to "spread Christmas cheer" to the Marshalls as an expression of appreciation for their business. Approaching the entry to Road Rider, Gould tripped over a concrete "wheel stop" and fell, suffering a broken arm and a dislocated elbow. The stop was not clearly visible, it had not been painted a contrasting color, and it was not marked with a sign. Gould had not been aware of the stop before she tripped over it. Is North Kitsap liable to Gould for negligence? Explain.

Answer 1

North Kitsap may be liable for negligence due to the unmarked and not clearly visible wheel stop that caused Gould's injury, but comparative negligence on Gould's part could affect this liability.

Step-by-step explanation:

To determine whether North Kitsap is liable to Suzette Gould for negligence, several elements must be considered. In negligence law, the plaintiff (Gould) must establish that the defendant (North Kitsap) owed a duty to the plaintiff, that the duty was breached, that the breach was the actual and proximate cause of the injury, and that damages occurred as a result. Applying these principles to the given scenario, North Kitsap may have a duty to ensure that its premises are safe for visitors. Given that the concrete wheel stop was not clearly visible or marked with a warning sign, it could be argued that North Kitsap breached its duty of care. Additionally, Gould's injury was a direct result of tripping over the improperly marked wheel stop, satisfying the causation aspect. Finally, damages are evidenced by the broken arm and dislocated elbow suffered by Gould.

However, the courts would also consider whether Gould had any comparative negligence, which might reduce the liability of North Kitsap. To explain further, if Gould was found to be partially responsible for not paying attention to where she was walking, North Kitsap's liability may be lessened accordingly.

Answer 2

Yes, North Kitsap Business Park is liable for negligence.

Step-by-step explanation:

To understand this we first must describe what is negligence. Negligence happens when there is a failure of exercising proper care. The basis to punish someone of having a negligent attitude is that everybody should perform what is necessary to look after the other while doing an action.

In the case of the question, North Kitsap is liable because the accident of Gould happened before reaching the entry of Road Rider. And as a Business Park it is liable for the accidents caused due to the lack of care. The wheel stops should be painted and properly marked as the law requires.

I hope this answer helps you.