Research and Discussion on Business Crimes, Business Torts, and Essay

Research and Discussion on Business Crimes, Business Torts, and Product Liability - Essay Example On the other hand, an unintentional tort usually negligence, is one based on carelessness rather than deliberate criminal activity, perhaps for economic gain. Usually the claimant has to prove the defendant was negligence and this negligence was the proximate cause of his damage and/or injuries. However, in certain cases a substance such as a chemical may be considered inherently very dangerous and if it escapes and this cause damages/injuries a court may impose strict liability, meaning that the claimant does not have to prove the defendant was negligent. Rather the defendant is assumed to be negligent even though the exact cause of the incident is undetermined, unless they can show an outside force such as a natural disaster caused the incident and even with the best loss prevention and safety practices there is no way it could have been prevented. A common basis for a negligence action is premises liability. (Findlaw) A business must ensure that its’ premises is safe for its’ customers and others to reduce the possibility of slip and fall claims and injuries/damages resulting from other hazards. For example, grocery stores must try to keep their floors clear of fallen produce. Those stores in states prone to severe winter conditions must ensure their parking lots and sidewalks are regularly cleared of hazardous snow and ice. Other hazards that could give rise to successful liability claims are inadequate lighting, too narrow aisles especially with heavy stock piled nearby which could fall on customers, stairs without proper handrails, too steep risers, poorly maintained or without warning signs and/or contrasting colors to mark their presence. The duty of a frontline manager in a retail outlet is to anticipate possible hazards on his premises and promptly take steps to eliminate them or at least to reduce them as much as possible. Depending on the hazard, this can be achieved in