so I thought I could teach you some law here.
----What is the Chinese word here? 书呆子. Gap is absolutelt liable fot its customer, let along the floor is slippery. Plus medical payment is paid regardless of fault.----
Who said Gap is absolutely liable? If you studied law you should know that in law nobody can ever say absolute. The reason is simple, you may never know what the jury has to say. Years ago in New Jersey there was a school bus case in which the school bus entered into an intersection and hit by another car. The girl plaintiff inside the school bus was injured by the impact. She sued the school bus company for negligence and the outcome? The case was dismissed because she failed to specify who did what wrong. Without first ascertining who did wrong, you never have a case. Okay, now, you said Gap is absolutely liable. By what standard? Criminal statute? Civil ordinance? Remember the Oldtown buffet case, the plaintiff fell over some ketchup spill on the floor and got a broken leg. Her case was also denied because she could not prove what Oldtown Buffet did wrong. Until you prove there is a duty, there is breach, there is a damage, no prima facie case. Even you can prove Gap owed a duty and Gap was negligent, you still don't have a prima facie case, because you have to prove causation, cause in fact and proximate cause. Everybody in law profession knows the mere happening of an accident can not prove negligence. Duty, standard of care, breach, cause in fact, proximate cause, and damage are the sic elements of negligence. If you fail to prove any of these with preponderance of evidence, you fail.
You said the floor is slippery. Okay fine. Does it prove anybody's negligence? Every lawyer knows that to prove negligence the court relies on objective standard not subjective standards. Where is the standard for the slippery floor and who sets up the standard?
----So to begin with, you can seek reimbursement of your medical bills from Gap.----
2ndly, if you want Gap to pay for the baby's pain and suffering, then it is a laiblity issue. Means you have to prove they were negligent. IMO, you have a case here. You should have tried to settle with them in the begining. It is not too late though.
What do you think what we are doing here? All day long we just tried to act as any good lawyer would do to assess the possibility of a court action and the possibility of winning a court action. Obviously you don't know the law and you don't know anything about how the court functions. Run down a case with any lawyers, they will do exactly what we do: consider different rules and consider from both sides. Take bar exam for example, you have to analyze each element of the offense and analyze both sides, plaintiff and defendant and then draw a conclusion.
----What is the Chinese word here? 书呆子. Gap is absolutelt liable fot its customer, let along the floor is slippery. Plus medical payment is paid regardless of fault.----
Who said Gap is absolutely liable? If you studied law you should know that in law nobody can ever say absolute. The reason is simple, you may never know what the jury has to say. Years ago in New Jersey there was a school bus case in which the school bus entered into an intersection and hit by another car. The girl plaintiff inside the school bus was injured by the impact. She sued the school bus company for negligence and the outcome? The case was dismissed because she failed to specify who did what wrong. Without first ascertining who did wrong, you never have a case. Okay, now, you said Gap is absolutely liable. By what standard? Criminal statute? Civil ordinance? Remember the Oldtown buffet case, the plaintiff fell over some ketchup spill on the floor and got a broken leg. Her case was also denied because she could not prove what Oldtown Buffet did wrong. Until you prove there is a duty, there is breach, there is a damage, no prima facie case. Even you can prove Gap owed a duty and Gap was negligent, you still don't have a prima facie case, because you have to prove causation, cause in fact and proximate cause. Everybody in law profession knows the mere happening of an accident can not prove negligence. Duty, standard of care, breach, cause in fact, proximate cause, and damage are the sic elements of negligence. If you fail to prove any of these with preponderance of evidence, you fail.
You said the floor is slippery. Okay fine. Does it prove anybody's negligence? Every lawyer knows that to prove negligence the court relies on objective standard not subjective standards. Where is the standard for the slippery floor and who sets up the standard?
----So to begin with, you can seek reimbursement of your medical bills from Gap.----
2ndly, if you want Gap to pay for the baby's pain and suffering, then it is a laiblity issue. Means you have to prove they were negligent. IMO, you have a case here. You should have tried to settle with them in the begining. It is not too late though.
What do you think what we are doing here? All day long we just tried to act as any good lawyer would do to assess the possibility of a court action and the possibility of winning a court action. Obviously you don't know the law and you don't know anything about how the court functions. Run down a case with any lawyers, they will do exactly what we do: consider different rules and consider from both sides. Take bar exam for example, you have to analyze each element of the offense and analyze both sides, plaintiff and defendant and then draw a conclusion.
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