The Tort Of Negligence: Diamonds Baseball Club

The tort of negligence. Defined as “where a person fails to take reasonable care, and as a result, injures another person” (Grey et al, 1998, pg 241). For an accusation of negligence to be successful, the plaintiff must be able to present the three elements of negligence. He must prove that the defendant owes him a duty of care, that the duty in question was breached, and that he suffered damages due to this.

In this case, the defendant did owe the plaintiff a duty of care. A duty of care is “a requirement that a person act toward others and the public with watchfulness, attention, caution and prudence that a reasonable person in the circumstances would” (Dictionary, 2011). The duty of care of Diamonds Baseball Club was breached when the club failed to ensure the security of the plaintiff. As a results of this breach, the plaintiff did indeed suffer damages, as such all three requirements for a tort of negligence were met.

One way of determining the responsibility of a defendant is by utilising the “but for” test. The “but for” is questioning “but for the existence of X, would Y have occurred?” If the result is found to be positive, then X is found to be an actual cause of Y (Cornell University Law School, 2011). For the case

One of these possible defences is contributory negligence. Contributory negligence is defined as “failure of an injured party to act prudently, considered to be a contributory factor in the injury which they have suffered (Dictionary, 2011). The defendant is able to argue that the plaintiff was partly responsible for their damages suffered, as all people should take responsibility for their own safety. This defence limits the liability of the defendant and will lessen the compensation they will have to pay, if the plaintiff is found of contributory negligence. If this happens, then the defendant will not be made to pay the full amount necessary for the