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Category: Business and Industry

Date Submitted: 08/25/2010 04:53 PM

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What tort actions do you see?

This was unintentional tort, Randy did not know Lee was going to do what he did, but he can still be liable for civil suit by the customers in the store, and this also put the store in for a very big law suit.

The identity of potential plaintiffs.

The lady who was shot, and her husband who had a heart attack, while attending his wife. The kid who was shot is also a identify client, since he was wounded during the struggle for the gun. Lee, the gunman, is also a client; He can file a law suit against the store cashier, and security guard, even though he is the cause of the problems.

The identity of potential defendants and why you see each one defendant.

The gunman, since he was hurt by the cashier, and the security guard who kick Lee why he knock unconscious, Even though Lee was the person who initial the confrontation, by law the cashier and security guard are can be sued by Lee.

The elements of the tort claim that constitute the plaintiffs claim.

* The defendant breached this duty of care.

* The plaintiff suffered injury.

* The defendant’s negligent act caused the plaintiff’s injury.

* Assault

* Battery

* Failure to exercise care is a breach of duty

Any defenses you think the defendants might be assert.

* The defendant’s negligent act was the fact or actual cause of the plaintiff’s injuries.

Assumption of the risk, Contributory negligence, Comparative negligence.

How you think the claim will be resolved, starting legal reason for you answer.

First the defendants will file Civil Suites against the store, for Assumption of the risk, and

Contributory negligence, by not making sure the customers was not at risk. The defendant can file a law suite, for willful and unlawful neglect, of personnel in the store.