chapter 9

After reading chapter 9, please answer the following questions.

1. Brian, age 6, is in first grade. Ruthie, also age 6, is in first grade with Brian. One day at school, as Ruthie was going to sit down in a chair, Brian pulled the chair from underneath Ruthie. As a result of Brian pulling the chair, Ruthie fell and broke her hip. Ruthie’s father has filed a lawsuit on Ruthie’s behalf against Brian and his family for Ruthie’s injuries. Do you believe that Brian is liable?

2. BCG, LLC, d/b/a Brandons Savings Stores, Inc. (BCG), is an up and coming chain of retail savings stores. BCGs stores are comparable to a Dollar General crossed with an Ace Hardware store. BCG is headquartered in Nashville, TN and has 133 stores across the mid-south.

At store #34, which is located in Humboldt, TN, a customer recently fell on some water. Specifically, Susan came to the store in July in search of new bushes and flowers, as she was redoing her flower beds at her home. As she was walking to see some bushes in the front of the store, Susan slipped and fell on the wet concrete floor. She hit the back of her head on the concrete floor. Susan suffered a fractured skull and had a traumatic brain injury. After her brain injury, Susan lost her sense of smell and taste, which have yet to return.

The concrete was wet because an employee had recently watered bushes, trees, and flowers. BCGs policy is to water the bushes, trees, and flowers twice a day, which invariably results in water being on the concrete. As such, BCG has placed signs at both entrances to the garden section that state: Please watch for wet floors. Water may be on the floor. Use caution. Susan claims that she did not see the sign. Nor did Susan see the wet concrete because she was sending a text message on her phone.

Susan sues BCG for negligence. Explain who, in your opinion, prevails in this lawsuit.