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LAW 531 WEEK 3 TORT ANALYSIS
For the following scenarios you should:
1) Write a paper of no more than 1500 words
2) Analyze the potential torts; and
3) Provide a recommendation on how to eliminate the issues seen for each Defendant (the person or business, who might be sued).
Scenario 1: Iryna orders a meal in an Thai restaurant. After her food is served, she takes a bite and cries out in pain. She has bitten down on a piece of glass. Upon hearing Iryna’s cry, another waiter who is pouring wine at a nearby table spins around and bumps into Iryna’s waiter, who is carrying a flaming dish. The flaming dish tilts onto Iryna’s waiter, and her apron catches fire. She rips it off and casts it aside, where it ignites another tablecloth. People start screaming and run for the door, but because it is a revolving door, only one or two people can leave at a time. An old man is trampled by the crowd and is seriously injured.
Several other patrons suffer smoke inhalation and burns, but finally, everyone is out. When the ambulances and fire engines arrive, Iryna is among those transported to the emergency room. Her mouth is bleeding profusely, and she is becoming weak. The emergency room doctor tells Iryna that immediate surgery will be necessary to stop the bleeding and save her tooth. She is immediately prepped for surgery. While she is unconscious, the surgeon mistakes her for another patient and amputates her left leg.
Scenario 2: Christine is an agent for Insure, Inc., an independent insurance agency that offers policies from several insurance companies. With the economy in crisis, Insure, Inc. is experiencing hard times. The boss tells the agents that if they do not start selling insurance policies, the agency is going to shut down and everyone will be out of a job. Christine needs this job badly, and starts calling his customers to see if he can sell some policies. She calls John, and tells John that if he increases his coverage at present rates, Christine will guarantee that the premiums will never go up. He tells other customers the same thing, and many take advantage of the offer to increase their coverage and lock in at the present rates. The commissions start rolling in, and the boss is pleased.
A year later, when customers get bills for policy renewals, they are irate to see that premiums have gone up. The boss finds out for the first time what Christine has done when she is served with a lawsuit filed by a customer. She yells at Christine, and demands that he clear out his desk. She has security escort Christine out of the building in front of the other agents, who are shocked. When asked by the other agents about what happened, the boss tells them Christine was fired for stealing.
John decides to get back at the agency, and marches up and down the street in front of the agency with a big sign that says, “Insure, Inc. cheats its customers!” The boss can