You will conduct a case application on Liability Risk. Consider the following scenario:
Michael was working in the stockroom with Ed. Ed was busy unpacking stock while Michael decided he wanted to goof around on the forklift, though not having the proper training to operate the machinery.. Michael attempted to lift a pallet of heavy boxes when they fell over, crushing Ed underneath. Ed survived, but suffered several severe injuries, and later sued Michael on the grounds that “Michael’s negligence was the proximate cause of the injury.”
a. Based on the above facts, is Michael guilty of negligence? Your answer must include a definition of negligence and the essential elements of negligence. Explain.
b. Michael’s attorney believes that if contributory negligence could be established, it would greatly influence the outcome of the case. Do you agree with Michael’s attorney? Your answer must include a definition of contributory negligence. Explain.
c. If Michael can establish comparative negligence on the part of the company, would the outcome of the case be changed? Explain your answer.
d. Is the company liable for damages? Explain your answer.
Requirements:
1. Properly APA formatted cover page
2. Each question answered fully and written in complete sentences. You may write them out as short answer essays.
3. Minimum of 2 written pages (does not include cover page or reference page).
4. Proper spelling, grammar, and writing is required. Times New Roman 12 pt Font, Double Spaced.
5. APA citations are required. When using information from your course readings or academic research, you must cite the material with in-text citations and reference your sources on the reference page.
6. Include a properly formatted APA reference page.