TO: Professor

FROM: Barbara Brown

DATE: January 24, 2018

RE: Torts – Assignment 2

Kelly is trying to catch a plane at Dallas - Fort Worth Airport. She knows that she is late
for her plane; therefore, she is running through the airport as fast as possible.
Unfortunately, Kelly does not see the banana peel that is lying on the floor in the middle
of the concourse. She slips on the banana peel and goes sliding across the floor until
she bangs her head on a metal counter and suffers a severe head injury.

What are the elements of negligence and how to they apply to Kelly's lawsuit against
the airport. In other words, what would Kelly be expected to show to be able to win the
case? These are the elements that Kelly would have to prove.

Duty; the defendant must owe a duty to the plaintiff to avoid causing the harm that was
eventually caused. Kelly has to show that the plaintiff had a duty to avoid this accident;
by keeping the floor clean and clear of debris for its customers.

Breach; the defendant must have breach this duty by acting unreasonably in a manner
that is likely to cause the plaintiff’s harm; Kelly in her rushing to not miss her flight;
slipped and fell on a banana peel on the floor, which in this the airport has breach its
duty to keep the floor clean.

Causation; the breach of duty by the defendant must have actually been the cause of
the injury. Kelly must show that the breach of the duty was the cause of this accident,
which cause her injury. By the breach of duty by the defendant which caused the
plaintiff injury.

Damages; the plaintiff must have actually suffered some kind of injury. Kelly must
provide that there were injury/damages as a result of the accident. Kelly suffer a head
injury as a result of the fall. The breach of duty is the cause of the damages.

Of what legal significance is it that the banana peel is brown? How does that change the
determination of whether the elements of negligence are met?

It could show that the banana peel was old and had been on the floor for quite some
time; and the plaintiff has a duty to make sure that the floor was clean/clear of debris for
its customers.
All things considered, do you think Kelly will win the case? Explain why or why not.

I believe that she will not win; why? Because the fact that she was running and slip on a
banana peel is enough evidence to prove that the defendant is responsible for the
injury. The neglect of duty of the airport to keep banana peels off the floor is something
that will probably show “reasonable” standard; that is the airport should keep the floor
free and clean of all debris at all time. But because there was damage to her head she
will recover something in damages.