Mark sued a bank for injuries. He was not paying attention as he entered the ban

Question

Mark sued a bank for injuries. He was not paying attention as he entered the bank because he was looking at his phone. And he fell suffering $10,000 in injuries. Prior to the fall, the janitor had buffed the floor. The janitor had an IQ of 70. Normally, the janitor was closely supervised. However, today his manager was extremely tired, and the manager didn’t notice that the janitor had carelessly used way too much floor wax that was extremely slippery. Is the bank liable for the janitor’s negligence (be sure to go through all the elements.) Additionally, note that under the doctrine of respondeat superior the bank WILL be liable for any potential negligence of the janitor employee? What defenses will the bank assert? Assume that the jurisdiction does not recognize assumption of risk or contributory negligence. The jurisdiction does recognize the defense of comparative negligence.

Explanation / Answer

According to the respondeat unrivaled precept, a business is considered in charge of the demonstrations of a representative who is playing out his/her assignment as recommended under his/her work rules. For this situation additionally, the bank is in charge of the careless demonstrations of janitor since Janitor is the representative of the bank. Along these lines, the bank is obligated for the carelessness of the Janitor's careless demonstration.

However, Mark is additionally in charge of contributory carelessness as he was excessively engaged upon his cell phone. Be that as it may, it is exceptionally hard to spare banks themselves with this resistance.

In the event that this protection is set up, at that point Mark ought to go for near carelessness.

Here, a courtroom can diminish the harms to be paid by the bank to Mark.

In outrageous conditions, Mark may not get any remuneration for harm if official courtroom held his contributory carelessness to be equivalent and at standard to the carelessness appeared by the janitor.

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