Essay heading: court case

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American History

 

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February 19, 2008

 

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I used two cases that would help with my decision. The first case that I used was Maans v. Giant of Maryland, LLC. The first link is: www.courts.state.md.us/opinions/cosa/2005/161s04.pdf In case 377 Md. 250, 263: (2003). Section 343 reads: A possessor of land is subject to liability for physical harm caused to his invitees by a condition on the land if, but only if, he (a) knows or by the exercise of reasonable care would discover the condition, and should realize that it involves an unreasonable risk of harm to such invitees, and (b) should expect that they will not discover or realize the danger, or will fail to protect themselves against it, and (c) fails to exercise reasonable care to protect them against the danger...
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Walgreens #3837, an Arizona company. This is the actual case link. http://www.apltwo.ct.state.az.us/Decisions/cv20060147opn.pdf During research I found out that the judge threw out the Contreras case. Judge William Brammer stated that Contreras needed to prove more to have his case heard by jury. The judge also stated that The fact that spills occurred twice a week in a store open 24 hours a day, without other evidence about the location of the spills or the hazards they present to customers, is not sufficient for a reasonable jury to conclude that a hazardous condition from those spills would regularly occur...
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