Business Case Study Analysis: Slippery Slope at California State University, Northridge
Explore the multidisciplinary business case study "Slippery Slope" from California State University, Northridge. Delve into the big picture, potential statistical, legal, and economic issues, conclusions based on government survey data analysis, insights from the case library, potential lawsuits, and aspects of negligence such as duty, breach of duty, and conduct.
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Presentation Transcript
Slippery Slope: A MULTIDISCIPLINARY BUSINESS CASE STUDY California State University, Northridge
The BIG PICTURE! What is the Big Picture in the Case? What are the Potential Statistical Issues? Legal Issues? Economic Issues?
The Statistics? What Conclusions Can be Presented to Ms. Spring Based on an Analysis of the Government Survey Data? What Type of Statistical Analysis Would be Performed to Reach These Conclusions? How Useful Would These Conclusions be in Helping Ms. Spring in any Lawsuit Settlement Negotiations or at a Trial?
The Case Library What Light Does the Case Library Shed on the Potential Issues Magazine Article? Fogel v. Get N Go Markets, Inc.? Wayans v. Albert Landon, et. al.? O Hare v. Wilkes Excursion Lines, Inc.?
The Lawsuit(s)? Who Are the Possible Defendants? Upon What Legal Theories Would Potential Recovery be Based? What Elements Must be Established to Prevail Under Each Theory?
Prima Facie Case for Negligence Conduct Duty Breach of Duty Actual (direct) Cause Proximate (legal) Cause Damage 6
Conduct What Did the Defendant Do or Fail to Do? Affirmative Action Omission Failure to Act 7
Duty The Concept of Duty Has Two Parts: What is the Duty? To Whom is the Duty Owed? 8
Duty What is the Duty? Standard of Care To Act as a Reasonable Person Custom or Statute 9
Duty To Whom is the Duty Owed? (See: Get n Go Library Case) Relationship Foreseeable Plaintiff Public Policy 10
Breach of Duty Calculus of the Risk (See: Get n Go Library Case) 1) Likelihood of Harm 2) Seriousness of Harm vs. 3) Cost of Prevention and/or 4) Utility of the Activity 11
Actual Causation Plaintiff Must Connect Conduct to the Loss But for Defendant s Conduct Plaintiff Would not Have Suffered the Loss Easy, Difficult, or Impossible Burden in this Case? 12
Proximate (Legal) Cause Policy Determination Should Defendant Really be Responsible for Damages Actually Caused? Natural and Probable Consequences Did Plaintiff s Loss Come About as a Result of a String of Weird Unforeseeable Events? 13
Damages Damages Suffered in this Case Compensatory? Define/Purpose Punitive Damages? Define/Purpose 14
Prima Facie Case for Strict Product Liability Section 402A of the Restatement (Second) of Torts (GLENN WAYANS, ) (1) the defendant was engaged in the business of selling the product that harmed the plaintiff (2) the plaintiff was a user, consumer or bystander (3) the product reached the user or consumer without a substantial change in the condition in which it was sold (4) the product when sold was in a defective condition (5) the defect was unreasonably dangerous (6) the unreasonably dangerous defect caused physical harm to the plaintiff.
Economic Data What Economic Issues are Raised in the Case? What is the Relevance of: Inflation Rate? Cost of Living Adjustment (COLA)? Personal Income Tax Rates? Present/Future Values? Plaintiff s Age?
Good Luck! Questions or Comments?
