PLEASE READ "essential information about this course" before proceeding – this is essential.  

General Instructions for Learning Activities   

Read/watch all assigned materials listed for the week in Overview above

Use only assigned materials to complete Learning Activities; please do not use the internet unless otherwise instructed

Include in-text citations and a Reference List for in-text citations in APA format 

Write in correct, complete sentences, in paragraph format unless otherwise instructed

Refer to course materials, cases, and/or statutes to support conclusions in discussion postings. 

· Use in text citations and a References list for Part 1 using APA format

· Please do not use any direct quotations; summarize/paraphrase information from all resources as this demonstrates understanding of the information and its application 

Introductory Sentence:  Begin with an introductory sentence or brief paragraph that states your conclusion to the questions asked  (Please read writing introductory sentences)

Concluding Sentence:  End the discussion with a concluding sentence or a brief paragraph that summarizes your conclusion/what you discussed (Please read writing concluding sentences)

Support Arguments and Positions:   Please refer to the module in Content, "How to Support Arguments and Positions" (Please read writing supporting argument)

Support all conclusions in detail, specifically, in depth, and with reference to relevant assigned course materials using APA citation format

Label all parts of assignment

Use correct, complete sentences in paragraph format

Submit Learning Activities to Assignment Folder

Review Content modules:

· Writing Introductory Sentences and Paragraphs

· Writing Concluding Paragraphs

· How to Support Arguments and Positions

Part 1

Background: With some understanding of the legal system, the Viral Clean ("Clean") owners can now shift their focus to examining specific areas of law that create potential risks and liabilities for their business. The group knows from their business experience that companies face severe and costly risks and legal liabilities stemming from tort law.

Unintentional harm resulting from accidents, such as negligence, can result in costly litigation. The Clean owners are concerned about the possibility of accidents resulting in injuries to their employees that could occur during cleaning clients' property.

Winnie and Ralph have given you the responsibility of analyzing and summarizing potential negligence claims and liability that Clean might face in its business operations. You decide to analyze a hypothetical fact scenario to present to the Clean owners to help explain Clean's potential negligence liability for accidents occurring on clients' property during cleaning. The analysis will be presented at the next meeting with Clean's owners and TLG. Your analysis will address only the tort of negligence.

Background Facts You Need To Know: Jack, a Clean employee, was assigned to clean and disinfect Client A's office building. Jack's first task was to vacuum the floors in a wide hallway. Jack plugged Clean's commercial vacuum cleaner into the hallway outlet with an extra-long electrical cord and began vacuuming. Before beginning vacuuming, Jack checked to ensure that the hallway was clear of obstacles and people walking. After checking the hall, he placed the cord to the side of the hallway out of the path of his pushing the vacuum. After vacuuming for a few minutes, Jack stepped to the side to turn the vacuum and tripped over two boxes that had been placed in the hallway by Client A's employee since Jack began vacuuming. Jack did not know the boxes had been placed in the hall.

Jack fell and broke his ankle and was taken to the hospital ER via ambulance. A cast was applied after it was determined the ankle did not need surgery. Jack missed three weeks of work because of the injury.

Instructions

Report You Need To Prepare: You must prepare a report addressed to Winnie and Ralph. Winnie and Ralph will use the report in discussion with the Clean owners. The report must address each of the following points:

1. Analyze whether Jack has a negligence claim against Client A.

2. Identify any potential defenses that Client A may raise in response to Jack's negligence claim. The analysis must explain why the defense may be raised.

3. Given the negligence claim and the potential defenses, conclude whether Jack or Client A should prevail in the lawsuit. The facts and the law must support the conclusion.

REPORT

TO: Winnie James, Ralph Anders

FROM: (your name)

DATE:

RE: Clean Negligence Risks and Liabilities

1.

2.

3.

Part 2

Background/Facts: During a meeting with Winnie and Ralph, the Viral ("Clean") owners, and you, the owners asked several questions about their potential liability for on-the-job accidents resulting in injuries to employees. They particularly need an explanation about Maryland's workers' compensation law.

Winnie and Ralph asked you to respond to the following situation.

Clean secures a contract with the State of Maryland to be part of the distribution chain for PPE items. Negotiations for the contract and conversations about the contract stressed that "speed is of the essence," especially in the critical transfer points like the warehouses and substations. Clean hired Maryland Helpers, a licensed and insured provider of manual laborers to assist with the movement of PPE items and loading of delivery vehicles at both the warehouse and several distribution centers. On Friday afternoon, one of the Clean supervisors was assisting with the loading of masks and respirators when the strappings on the pallet broke, and several respirators fell. The supervisor, Thomas Benson, suffered several broken bones in his foot that would require surgery and several weeks of physical therapy over approximately eight weeks of absence from work. One of the contract employees, Sarah Carter, severely sprained her ankle to get out of the way. She received several x-rays and stayed overnight at the hospital for observation. The treating physician said Sarah should attend physical therapy for four weeks but should otherwise reframe from walking (including work) for at least two weeks.

1. Analyze whether Thomas can recover his medical expenses under Maryland's workers' compensation law.

2. Analyze whether Sarah can recover her medical expenses under Maryland's workers' compensation law.