Question

A security guard, dressed in plain clothes, was working for a discount store when a customer got into a heated argument with a cashier over the store's refund policy. Without identifying himself as a security guard, the security guard suddenly grabbed the customer's arm. The customer attempted to push the security guard away, and the security guard knocked the customer to the floor, causing injuries. The customer sued the discount store for battery on a theory of vicarious liability for the injuries caused by the security guard. The store filed an answer to the customer's complaint, asserting the affirmative defense of contributory negligence. The customer has moved to strike the affirmative defense. Traditional rules of contributory negligence apply. Should the trial court grant the customer's motion

Answer 1

Answer: C. Yes, because contributory negligence is not a defense to battery.

Step-by-step explanation:

Contributory negligence means that the party suing should take some responsibility for the injuries that they got in relation to an accident because didn't take enough care to ensure that they would not be involved in the accident. For instance, seeing a "wet floor" sign and falling whilst walking across.

Contributory negligence cannot be used as a defense against battery however because it is not accepted that a person should take blame for another person becoming physical with them. The Court would grant the customer's motion in this instance.