Mae Tom V. Kresge's Case

Mae Tom went to Kresge's store on November 15, 1977, slipped, and fell, on a clear substance on the floor. No one ever determined what the substance was, but Kresge's did sell soft drinks in the store, and customers could walk around with their drinks. She now seeks to recover damages for her injuries.

Let's begin by getting an understanding of what all of this means from the terms listed below:

1. A tort is a civil wrong or an action taken by another that results in damages that are recoverable.

2. Negligence is the failure to exercise a degree of care; or a law involving a civil action for compensation for damages filed by a person who claims to have suffered an injury or loss in an accident caused by another's degree of care (http://dictionary.reference.com/browse/negligence).

3. Duty is the responsibility or the legal obligation of a person or organization to avoid acts or omissions (which can be reasonably foreseen) to be likely to cause harm to others (www.businessdictiionary .com).

4. Breach of Duty is a breach of due care; a failure to perform some promised act or obligation (www.thefreedictionary.com).

5. Causation is an act from which an injury results as a natural, direct, uninterrupted consequence and without which the injury would not have occurred

6. Damages are monetary compensation that is awarded by a court in a civil action to an individual who has been injured through the wrongful conduct of another party.

7. Contributory Negligence is negligence by the plaintiff that is part of the cause of the accident (Jennings pg 305).

8. Assumption of Risk is a defense that requires the defendant to prove that the plaintiff knew of potential risk of injury in the conduct he or she undertook but decided to go forward with it anyway (Jennings pg 306).

In order for Ms. Tom's to recover damages for her injuries, she must prove her case against S.S. Kresge Company, Inc. she will need to utilize the tort of negligence. This tort comprises of five elements needed to successfully declare a victory for Ms. Tom. Today we will on utilize four of the elements to prove her case. The elements of the tort of negligence that Ms. Tom will allege in her case against S. S. Kresge Company, Inc. to win will be:

1. Duty - it was the duty of S.S. Kresge to keep the store in safe conditions.

2. Breach of Duty -S.S. Kresge breach its duty when they did not ensure that the store was in safe conditions.

3. Causation - The result of breach of duty by S.S. Kresge was the cause of the injury. Ms. Tom injured herself from a slip and fall on the liquid on the floor in S.S. Kresge store; this would not happen if there was not a breach of duty.

4. Damages - It is evident