Question 4-1. Briefing on Kim vs. Ling’s Market – Liability to Business Invitees
Kim vs. Ling’s Market, Case Number , date, Court-City

Kim, the plaintiff, filed for liability against Ling Market, the defendant, seeking
compensation for injuries sustained when she fell in the market (Legal Dictionary). The market’s
canopy was wet and slippery following heavy rains which resulted in Kim falling and sustaining
back injuries.
In determining the case, the court asked if the defendant was liable for Kim’s injuries.
They examined if Kim’s injuries were significant, if the accident foreseeable, and whether Kim
bore a comparative liability in her accident (Study.com).
In making a decision on liability, it was true that Kim was injured at the premises and
there was negligence on the part of the defendant because he did not give reasonable warning
about wet and slippery. The accident occurred during rain and was therefore slipping accident
was foreseeable. The plaintiff suffered injury as a result of the defendant’s lack of action (Legal
Dictionary).
The defendant was liable for the injury because it occurred at his property (Study.com).
He breached his duty of care for his invitees by not posting a warning despite the weather

Name 2
conditions that made such an occurrence foreseeable (Larson). However, the plaintiff was partly
responsibility for comparative negligence because she was aware of the prevailing weather
conditions and should reasonably have been extra cautious (Clarkson, LeRoy Miller and Cross).
Question 4-2. Shannon – Negligence.
Shannon drove under the influence of prescription drugs, jumped traffic lights, and caused an
accident and injury to a passenger. She was therefore liable for tort of negligence because she
knew of the circumstances before driving and had ignored the doctor’s warning about the drugs’
drowsing effects (Miller and Jentz). A reasonable person would not drive after taking drowsing
drugs, and the accident and injury would not have occurred if Shannon had not driven under their
influence. She owed a duty of care to other road users by obeying traffic lights (Clarkson, LeRoy
Miller and Cross). The negligence resulted in injury to a passenger.

Name 3

Works Cited

Clarkson, Kenneth W., Roger LeRoy Miller, and Frank B. Cross. Business Law: Text And
Cases. 1st ed. Cengage Learning, 2015. Web. 25 Feb. 2016.
Larson, Aaron. “Negligence And Injury Lawsuits”. Attorneys-usa.com. N.p., 2005. Web. 25 Feb.
2016.
Legal Dictionary,. “Contributory Negligence Definition, Examples, Cases”. Legal Dictionary.
N.p., 2015. Web. 25 Feb. 2016.
Miller, Roger, and Gaylord Jentz. Business Law: The Essentials. 1st ed. CengageBrain.com,

2007. Web. 25 Feb. 2016.
      Study.com,. “What Is Tort Law? – Definition And Examples”. Study.com. N.p., 2016. Web. 25
      Feb. 2016.