Paula Plaintiff is shopping at her favorite store, Cash Mart. She is looking for a new laptop, but she can’t find one she likes. Then, realizing that she is going to be late for an appointment, she attempts to leave the store, walking very fast. However, before she can leave, she is stopped by a security guard who accuses her of shoplifting. Paula, who has taken nothing, denies any wrong doing. The officer insists and takes Paula to a small room in the back of the store. The guard tells Paula that if she attempts to leave the room she will be arrested and sent to jail. At this point, the guard leaves the room. Paula is scared and waits in the room for over an hour until the manager comes in and apologizes and tells Paula that she is free to go.

QUESTION

Assignment: What types of legal claims could Patty make against Cash Mart and Geoffrey?
Notes:
Introduction
In this assignment, you’ll need to decide whether Paula Plaintiff has any legal claims arising from a series of unfortunate events. After reading the scenario, answer the questions that follow, making sure to fully explain the basis of your decision.

Paula Plaintiff is shopping at her favorite store, Cash Mart. She is looking for a new laptop, but she can’t find one she likes. Then, realizing that she is going to be late for an appointment, she attempts to leave the store, walking very fast. However, before she can leave, she is stopped by a security guard who accuses her of shoplifting. Paula, who has taken nothing, denies any wrong doing. The officer insists and takes Paula to a small room in the back of the store. The guard tells Paula that if she attempts to leave the room she will be arrested and sent to jail. At this point, the guard leaves the room. Paula is scared and waits in the room for over an hour until the manager comes in and apologizes and tells Paula that she is free to go.

About this same time, Geoffrey Golfer is hitting golf balls in his backyard. Geoffrey decides to break out his new driver and hits a golf ball out of his backyard into the Cash Mart parking lot. The golf ball hits Paula Plaintiff on the head and knocks her unconscious just as she is leaving the store.

Instructions
In a 6–10 paragraph paper, answer the following questions:
What types of legal claims could Paula make against Cash Mart and Geoffrey?
Consider the following:
What are the possible tort claims that Paula can make against Cash Mart? Discuss the elements of the claim and how those elements relate to the facts in the scenario.
Was Geoffrey negligent when he hit the golf ball that injured Paula? Discuss the elements of negligence and use facts from the scenario to support your decision.
If Paula files a negligence claim against Geoffrey will she file in civil court or criminal court? Explain the difference between civil court and criminal court.

This course requires the use of Strayer Writing Standards. For assistance and information, please refer to the Strayer Writing Standards link in the left-hand menu of your course.

In addition to your textbook, you have access to Nexus Uni through the Strayer University Library. Please take advantage of this excellent legal resource!

ANSWER

Paula Plaintiff could potentially make several legal claims against Cash Mart and Geoffrey based on the scenario provided. Let’s examine the possible claims and the elements of each claim.

Tort Claims Against Cash Mart

False Imprisonment: Paula can make a claim of false imprisonment against Cash Mart. The elements of false imprisonment typically include the intentional confinement or restraint of a person without lawful justification (Garg, 2022). In this case, Paula was stopped by a security guard who accused her of shoplifting and then took her to a small room against her will, threatening arrest if she tried to leave. The guard’s actions can be seen as intentional confinement without lawful justification.

Intentional Infliction of Emotional Distress: Paula may also have a claim for intentional infliction of emotional distress against Cash Mart. This claim requires the following elements: (1) extreme and outrageous conduct by the defendant, (2) intentional or reckless infliction of emotional distress, and (3) severe emotional distress suffered by the plaintiff. The security guard’s false accusation and threat of arrest, coupled with Paula being confined in a room for over an hour, could be considered extreme and outrageous conduct leading to severe emotional distress.

Negligence Claim Against Geoffrey

Paula could potentially file a negligence claim against Geoffrey Golfer. Negligence involves the failure to exercise reasonable care, resulting in harm to another person. The elements of negligence are duty, breach of duty, causation, and damages.

Duty: Geoffrey owes a duty of care to others, including Paula, to prevent foreseeable harm. When hitting golf balls in his backyard, he should take reasonable precautions to ensure the safety of neighboring individuals (Ltd, 2023).

Breach of Duty: If Geoffrey failed to take reasonable precautions, such as ensuring a safe hitting area or using appropriate safeguards, it could be argued that he breached his duty of care. Hitting a golf ball out of his backyard into a crowded parking lot suggests a lack of reasonable care.

Causation: Geoffrey’s action of hitting the golf ball directly resulted in Paula being struck on the head and knocked unconscious. There is a clear causal link between his breach of duty and Paula’s injuries.

 Damages: Paula suffered harm in the form of being knocked unconscious, which can be considered physical and emotional damages.

Filing a Negligence Claim: If Paula decides to file a negligence claim against Geoffrey, she would file in civil court (Housing Cases Summary Page, 2023). Civil court handles disputes between individuals, where one party seeks compensation or other remedies for harm caused by another party’s actions. In a civil case, the plaintiff seeks damages and aims to prove that the defendant was negligent and responsible for the injuries sustained.

On the other hand, criminal court deals with offenses against society as a whole. It is the state or government that initiates criminal charges, and if found guilty, the defendant may face penalties such as fines, probation, or imprisonment. Paula’s claim against Geoffrey involves a personal injury, and it would typically be pursued through a civil lawsuit seeking compensation for her damages.

In conclusion, Paula Plaintiff could potentially make legal claims against Cash Mart for false imprisonment and intentional infliction of emotional distress. She could also file a negligence claim against Geoffrey Golfer for breaching his duty of care, which resulted in her injuries. If Paula chooses to pursue a negligence claim against Geoffrey, she would file in civil court, seeking compensation for her damages.

References

Garg, R. (2022, September 29). False imprisonment in Tort : Elements, Defenses, Remedies and Cases. iPleaders. https://blog.ipleaders.in/false-imprisonment-in-tort/ 

Housing Cases Summary page. (2023, June 7). https://www.justice.gov/crt/housing-cases-summary-page 

Ltd, A. A. (2023). Tort of Negligence Problem Question Case study. www.lawteacher.net. https://www.lawteacher.net/problem-question-examples/tort-of-negligence-problem-question-2.php