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“A Day at the Beach”

“A Day at the Beach”. Nelly Altamirano Bill Bowker Dmitriy Novak Vanessa Graciano Yiwen Zhang. Who is Liable?. Jitsy Jetson Assuming no defects in the flip flops Tortfeasor is always liable for their own torts Sandpiper Footwear Fogal v Get n’ Go

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“A Day at the Beach”

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  1. “A Day at the Beach” Nelly Altamirano Bill Bowker Dmitriy Novak Vanessa Graciano Yiwen Zhang

  2. Who is Liable? • JitsyJetson • Assuming no defects in the flip flops • Tortfeasor is always liable for their own torts • Sandpiper Footwear • Fogal v Get n’ Go • Wayans v Albert Landon and Black & Decker • Article : The flip flop craze Yiwen Zhang Group 7

  3. Sandpiper Footwear Cont. • Fogal v. Get n’ Go • She went through a glass panel • Negligence • 1) A duty was owed • 2) The defendant breached that duty • 3) The breach was actual and causal • 4) The plaintiff suffered damages • Wayan’s v. Albert Landon and Black & Decker • Lawnmower kicked up a toy damaging his eye • There was a separate piece that would have increased safety • “No responsibility to warn for damages that are generally known or obvious.” • Article: The flip flop craze • Shows the common knowledge relating to flip flops and the problems with wearing them

  4. Conclusion and Recommondations • No duty was owed • As Vanessa indicated there is a very weak causal relationship to Sandpiper Footwear • Sue JitsyJetson • Very small chance to win against Sandpiper Footwear • Yiwen with Additional considerations and recommendations.

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