Malcolm Ferguson
May 16,2015
Ericka Harden
Leg100
Good Grocers, Inc.

On 16th of May an accident occurred, at the West Philadelphia location of Good Grocers. The produce manager contacted me stating “as I was leaving the bakery department, I noticed a woman lying on the ground of a produce department. A gentleman then approached yelling, “She slipped on a banana peel and fell. My wife is the anchorwoman for NEWSNOW, and we are going to sue you!” The woman did not look as if she was hurt, and it did not look like the lady was suffering from any pain. However, I still called the police and reported the incident due to the policy of the policy of our company. When an accident occurs, we are to report it immediately for the safety the customer. After reporting the incident, I then went back to examine the area where the accident took place. While studying the area, I noticed the banana peel the woman allegedly slipped on was yellow. The peel was laying on a ribbed rubber mat. Also, I noticed the woman was wearing five-inch heels.
From the looks of the area, the accident, look as if it was forced and the man was fabricating about what happened. While searching the area, I noticed the banana that the man claimed his wife slipped was yellow, in other words the peel was fresh. From my experience in working in food service, I know that by the banana peel still being yellow it means the peel was just placed on the mat. Also, the peel was lying on top of a ribbed rubber mat which. These mats are we specifically used to prevent “Slip and Fall” accidents. The woman was wearing five inches and slipping on a banana peel would cause a lot of damage to the woman and cause a lot of pain. But as I stated the woman did not seem to be in pain, the woman was forcing herself to appear believable.

Slip and fall are a term used personal injury case in which a person slips or trips and is injured on someone else's property. This falls under a broader category of cases known as "premises liability" claims. Slip and fall accidents usually occur on the property (or "premises") of someone else, and the property owner could be held legally responsible. Conditions like torn carpeting, changes in flooring, poor lighting, narrow stairs, a wet floor or a banana peel on the ground can cause someone to slip and injured him or herself. It also goes for if someone trips on a broken or cracked public sidewalks, or falls a flight of stairs. Also, a slip and fall case might arise when someone slips or falls outdoors because of rain, ice, snow or a hidden hazard, such as a pothole in the ground. In order to be legally responsible for a injury of someone suffered from slipping or tripping and falling on someone else's property, the owner must have caused the spill, worn or torn spot, or other slippery or dangerous surface or item, to be underfoot; Must have known of the dangerous surface but did nothing about it; or, Should have known of the dangerous surface because a "reasonable" person taking care of the property would have discovered and removed or repaired it. In slip and fall cases on commercial property, there are often a number of people or entities that may be held responsible for someone's injuries. In order to recover for a slip and fall injury sustained on another's property, there must be a responsible party whose negligence caused the injury. This sounds obvious, but many people do not realize that some injuries are simply accidents caused if anything, by their carelessness. As the HR manager, Banana peels quickly change colors, after 5-10 of the peel lying on the ground the peel would have changed to a brownish color, therefore, the means the peel had been freshly placed at that location. I would advise my employees to review the surveillance camera covering the area. I would also let the manager about the research I found “In order to be legally responsible for an injury to someone suffered from slipping or tripping and falling on someone else's property, the owner must have caused the spill, worn or torn spot, or other slippery or dangerous surface or item, to be underfoot; Must have known of the dangerous surface but did nothing about it; or, Should have known of the dangerous surface because a "reasonable." Therefore, if we are not at fault for the accident that I firmly believe we are not we can go through litigation. However, if we are at fault, we should consider a form of alternative dispute resolution to resolve the problem without going to court.
Ms. Greene is an independent contractor who works with our company Good Grocers. Ms. Greene has her own bakery. However, she works with our company Monday, Wednesday and Friday between the hours of 6-9pm. From 6-9pm, we have Ms. Greene decorating cakes, and we usually pay Ms. Greene according to how many cakes she decorates. On Mother’s Day week, the bakery gets pretty crowded, and I also noticed we were short an employee. Therefore, I contacted Ms. Greene and had her come in to fill that position for the weekend. She worked 8 hours shifts both Saturday and Sunday. Ms. Greene received $15 per hour she worked for the weekend. On the following Monday when Ms. Greene came in she stated to me that she would like to receive the same benefits as the other part time employees for Good Grocers Inc. Such as paid time off and employee discounts Ms. Greene asserted that she really is a part-time employee who deserves the usual employee benefits. I do not believe Ms. Greene should receive the same benefits as the part-time employees. Ms. Green is an independent contractor who works with our company. Ms. Greene does not complete the same task as our part-time employees, and we also pay Ms. Greene a different salary opposes to the other part time employees. Ms. Greene performs a great of decorating cakes. However, the weekend of Mother’s Day was the only time Ms. Greene may have had to perform various task Ms. Greene was never hired as a part-time employee.

There are many differences between being an employee and being an independent contractor (also called a "consultant"). In many respects, there seems to be no difference at all. Often, independent contractors and employees work side by side at the same company, even doing the same or similar work. But there are very important legal differences between being a contractor and an employee. These differences go beyond the job title. Your employment status affects many issues such as employment benefits, tax implications, and liability. If you are accepting a job offer to be an independent contractor, you should know some of the key differences. Due to the research I have just there is no reason to go through litigation or a particular form of alternative dispute resolution. Ms. Greene should not receive benefits as a part-time employee.

References
Slip and Fall Accidents Overview - FindLaw. (n.d.). Retrieved from http://injury.findlaw.com/torts-and-personal-injuries/slip-and-fall-accident s-ov erview.html Slip and fall accidents - Law Offices of Mark E. Salomone. (n.d.). Retrieved from http://www.marksalomone.com/slip-and-fall-accidents

Being an Independent Contractor vs. Employee - FindLaw. (n.d.). Retrieved from http://employment.findlaw.com/hiring-process/being-an-independent-contractor-vs-
employee.html