Question

SmallMart operates a “K-Mart/Walmart” type store. John Harold was shopping in the sporting goods department one day. At that time, in the department there was only one employee when, according to the store’s policy, there should have been two.

In front of the sporting goods section, in the store’s main aisle (which the employees referred to as “action alley”) was a large display of stacked cases of shotgun shells. On top of the cases were individual boxes of shells. Shortly after the sporting-goods employee walked past the display, John Harold did so also, but he slipped on some lead pellets which had spilled out of a loosely crimped shotgun shell, and he fell heavily to the floor.

Immediately, he experienced severe pain in his lower back and he lost some feeling and some control of his legs. Sensation and control returned, but during the next week, he lost the use of his legs several times for periods of ten to fifteen minutes. Eventually, sensation and control never returned fully to the front half of his left foot. Doctors diagnosed the condition as permanent. The pain in his lower back persisted, gradually fading, for a period of approximately six months.

Harold files a suit in a state court against SmallMart. He is a postal worker. Prior to the accident he was a keen hiker in his spare time and on vacations. He is able to continue to work but his earning capacity is reduced by 25% because fatigue occasioned by walking on his injured foot means he can no longer do overtime. Based on the contents of medical reports Harvey obtains, an actuary calculates he will probably have to retire 2.5 years early.

Please decide if Harold should be successful in his lawsuit. In doing so, mention all the legal rules or elements necessary for success in a negligence lawsuit, as well as available remedies, and choose and mention facts from the problem which, together with your analysis, show that each necessary element or rule has (or hasn’t) been met and what remedies will (or will not) be granted.

US LAW

Answer 1