Read the scenario
Kam Sulefi is the owner and operator of A Taste of Persia bakery and café, located in
Edmonton, Alberta. On April 2, 2022, in the afternoon, to get
delicious saffron pastries for the party that A Taste of Persia is known for. She was dressed for the party, with stilettoes and a pencil skirt. She has been at the café numerous times and, as always, decided to enter from the back stairs, as it was easier to access from the parking lot. The back stairs are made of concrete, have a wood surface, and have non-slip mats nailed to the top of each stair. The stairs lead to the patio deck, which then leads to the main entrance at the front. The patio deck is not on the same level as the entrance but three inches higher, and the height difference creates a step that runs along the entire edge of a patio creating a mini step. The bright fluorescent white paint running along the edge of the step faded, but the warning sign with yellow and black lettering posted by the entrance read “Watch Your Step Please” was visible, despite snow covering the top of the sign. But, the sign was not at eye level; it was placed on a post about three feet from the ground.
Simone tripped, fell in front of the bakery, was injured and broke her cell phone; she was talking to her friend when the incident occurred. She did not realize what caused her to fall until she was on the ground, where she saw the height difference between the patio deck and the concrete landing. She did not see the warning sign as she crossed the patio. Simone believes the height difference between the patio deck and the concrete landing caused her to trip. She alleges that A Taste of Persia is responsible for her multiple injuries. She also thinks that maybe the steps were moist from the snow that melted, and if not from the step, then she fell because of the slippery surface.
A Taste of Persia has never had anyone fall on its steps or landing since it opened in 2015,and say that Simone likely was not paying attention and probably tripped over herself. Also, they have proof that all construction complies with the building codes. Following the incident with Simone, Kam repainted the edges of all stairs and the patio step and set up a second warning sign.
Simone went to see her family doctor for her injuries. She bruised her legs and elbows and severely twisted her ankle. She missed two weeks of work as a dance instructor and part-time showgirl, amounting to over $8,000 in income.
Simone talked to a lawyer friend who advised her to sue A Taste of Persia for compensation. She does not want to spend the money to hire a lawyer to prepare the Civil Claim and decides to do it independently.
Her lawyer friend estimated Simone’s non-pecuniary general damages for pain and suffering and loss of amenities and enjoyment of life to be between $30,000 and
$35,000.00.
Assess Simone’s claim and any defenses A Taste of Persia may have.
Where
What is the maximum quantum of damages that the plaintiff can seek in the Provincial Court?
What document will the defendant file with the court in response to the Civil Claim?
Analyze Simone’s claim in negligence and assess her likelihood of success.
To get full points, you must:
Format your essay as per instructions
Some collaboration at the preparatory stage is permitted. You may speak to your classmates about the assignment, but the final work must be entirely your own.
explain the four elements of negligence
state the test(s) of each element of negligence
apply the legal test(s) to the facts.
Explain the law you have learned that applies to each element
Please show me that you recognize the problem’s relevant facts and how those facts relate to each step in negligence analysis.
Find and use at least one legal case per element of negligence as a comparator/example to support your analysis. You may use the cases in your reading materials.
Set out the defenses to negligence and tell me if any of them apply to eliminate or reduce the defendant’s liability.
Use headings and organize your essay as follows:
Summary of facts
Briefly summarize the key facts.
There are a lot of unnecessary details in the scenario. Make sure to briefly recount, in your own words, the facts that matter from a legal perspective
Duty of care
Consider any legislation that may impose a statutory duty of care
Standard of care
Causation
Damages
Defences
Conclusion-opinion on the likelihood of success
Format
Write in complete sentences
For questions 1-3, answer below each question
For question #4 use headings and treat it like an essay
Type and 1.5 space your submission. Times New Roman, 12 Font. 1″ margins.
Spelling, grammar, clarity, and formatting all count.
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