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Pa201 - Unit 3 Assignment - Kaplan University

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Submitted By Angmcp
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Name
Kaplan University
PA201 – Unit 3 Assignment
December 5, 2014

Barsz v. Max Shapiro, Inc., 600 N.E.2d 151 (Ind. Ct. App. 1992)
FACTS:
Marjorie Barsz brought negligence action against Shapiro’s Delicatessen Cafeteria in Indianapolis to recover for injuries as a result of slipping and falling while in the restaurant. On October 28, 1989, while eating breakfast at Shapiro's, Mrs. Barsz slipped and fell as she walked toward the restroom, stating that she slipped on ‘something’ like ice or grease. Barsz sustained multiple injuries, including a broken right ankle and left kneecap as a result of her fall. Barsz states that she was carrying her purse and sunglass, not wanting to leave anything at her table, and was not in a hurry. Summary judgment was granted for the restaurant, but the Barsz’s appealed.
ISSUE:
Whether Shapiro’s caused Barzs’s accident due to negligence in maintaining safety on the floor of the restaurant?
RULE:
Golba v. Kohl’s Dept. Store, Inc., Ind. Ct. App. 585 N.E.2d 14 (1992).
ANALYSIS:
Barsz failed to establish negligence due to lack of proof that the liquid was on the floor for reasonable amount of time for manger or employees to notice said spill.
CONCLUSION:
Restaurants are not responsible for the unconditional guarantee of customer safety and are not liable for falls occurring before given the reasonable amount of time to remove substances from its floors.

Samantha Smith

FACTS: While shopping with her two year old son at the local grocery store, Samantha Smith said she slipped and fell on some shampoo that had leaked out of one of the bottles. Smith had to be taken to the hospital, where she was diagnosed with a broken hip. In addition to having spent the night in the hospital, Smith will have to go through several months of physical therapy. Smith is a single mother to her son and has no healthcare...

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