Contemporary Business and Online Commerce Law 7th Edition by Henry R Cheeseman

Exercise 3

Negligence Curtis R. Wilhelm owned beehives and kept the hives on property he owned. John Black, who operated a honeybee business, contracted to purchase some beehives from Wilhelm. Black employed Santos Flores, Sr. to help him pick up the beehives from Wilhelm. Black provided Flores with a protective suit to wear while picking up the beehives. Neither Wilhelm nor Black informed Flores of the danger of working with bees. After picking up beehives from Wilhelm’s home, Black and Flores drove to remote property owned by Wilhelm to pick up other beehives. Flores opened the veil on his protective suit. After loading one beehive onto the truck, Flores started staggering and yelling for help. Flores sustained several bee stings, suffered anaphylactic shock reaction, and died before an ambulance could reach him. Flores’s wife and children sued Wilhelm and Black for negligence for failing to warn Flores of the dangers of working with beehives and the possibility of dying of anaphylactic shock if stung by a bee. Did Wilhelm act negligently by failing to warn Flores of the dangers of working with beehives? Wilhelm v. Flores, 133 S.W.3d 726, Web 2003 Tex. App. Lexis 9335 (Court of Appeals of Texas)

Step 1 of 3

Contributory Negligence:

In this type of negligence the plaintiff is partially responsible for the consequences of the negligence and cannot blame the defendant fully for the accident suffered.

Comparative Negligence:

In this doctrine the fault will be attributed to the guilty party after thorough analysis of the actions of both the parties.