3-1 Discussion: The Tort of Negligence

Karalee Alaine Williams, on nine different occasions over a period of 27 hours, purchased at least 60 cans of aerosol dust remover from a Baytown, Texas Walmart. Within a week of her purchases, she died from the effects of inhaling dust remover.

Williams’ mother sued Walmart claiming, among other things, Walmart was negligent in repeatedly selling aerosol dust remover cans to her daughter.

In your initial post, address the following:

1. Discuss whether the facts of the case meet the requirements of a successful negligence claim (review pp. 294-295 in your textbook).
2. What defenses could Walmart raise in this case? Explain.
3. Should Walmart have refused service to Williams when it was obvious she was mentally unstable? Are there instances where a business has a duty to deny service to someone based on their behavior? Elaborate and explain.