Directions: Before doing this exercise, make sure you have completed all readings about negligence and

defenses to negligence.

Assume you are the manager of a retail store open to the public, the San Marcos Lawn & Garden Center.

Please read the following two documents: an incident report about a customer who fell and suffered an

injury and a demand letter from his attorney to the store.

As a manager, your primary concern would be whether you should settle $($and if so$,$ for what amount$)?$ To

make those decisions $($and to speak knowledgeably with your attorney$),$ however, you need a basic

understanding of several issues:

What is the cause of action?

Will the customer likely be able to prove the tort?

Even if the customer prevails, are you likely to win any affirmative defenses?

What other information do you need to know?

To gauge your understanding, this packet also contains seven practice multiple$-$choice questions based on

the documents.

San Marcos Lawn & Garden Center

Incident Report

Directions: An incident report must be filed immediately for injury or harm to persons or property or

for criminal activity, such as employee or customer injuries, shoplifting $/$ theft, property damage $/$

vandalism. Please provide as much detail as necessary.