Negligence Case

1035 Words3 Pages
bulb-icon

Recommended: Negligence scenarios

Issue
To determine based on the case facts, if Alma can sue Norma for negligence based on tort law or not.
Rule
To establish negligence, it is imperative that three main conditions are to be satisfied. Firstly, it needs to be proved that the defendant had a duty to care directed towards the plaintiff. Secondly, there needs to be a breach of this duty due to the negligent conduct of the defendant. Thirdly, the plaintiff should have suffered harm due to the duty to care being breached by the defendant (Lindgren, 2011). These three critical aspects of a tort along with the relevant defense that may be available to the defendant was briefly discussed below.
Duty to Care
?Neighbor test? is the most common test which is arrayed to ascertain whether …show more content…

The damages that may the plaintiff has suffered need to be linked to the negligent behavior of the defendant. The most definitive way to prove the way is that the harm or injury caused was avoidable if the duty to care was not breached. Further, the defendant could claim compensation only for that damage which is resulted due to duty to care breached by the respondent (Latimer, 2005). Further, in the event the plaintiff understood the dangers of being present in a particular situation where damage was foreseeable but did not take measures not to act as the neighbor shifts some blame on the plaintiff as well (Gibson & Fraser, …show more content…

After the performance was finished, they needed to drive home, but Alma could make out that Loma was not fit to drive as she was under the acute influence of alcohol which posed a significant risk. Despite this, she accepted the ride offered to home by Loma. Loma drove dangerously due to which Alma requested her to let her get down. However, Loma did not pay heed to Alma?s requests and continued to drive and eventually led to the car accident. As a result of the crash, Alma has broken her leg beside suffering serious

Show More
Related

  • Case Study of the 4 D's of Negligence

    517 Words  | 2 Pages

    A dentist fits several children with braces. The children are regular patients of the dentist. The results for some of the patients turn out to be unacceptable and damaging. There are children who have developed gum infections due to improperly tightened braces. Some mistakenly had their permanent teeth removed, while others have misaligned bites. A local attorney becomes aware of these incidences, looks further into it, and realizes the dentist has not been properly trained and holds no legal license to practice dentistry or orthodontics. The attorney decides to act on behalf of the displeased patients and files a class action lawsuit. The attorney plans to prove the dentist negligent and guilty of dental malpractice by providing proof using the four D’s of negligence. The four D’s of negligence are duty, dereliction, direct cause and damages.

    Read More

  • Australian Safeway Stores V Zaluzna Summary

    555 Words  | 2 Pages

    All that in all the relevant circumstances including the fact of the defendant's occupation of premises and the manner of the plaintiff's entry upon them, the defendant owed a duty of care under the ordinary principles of negligence to the plaintiff. A prerequisite of any such duty is that there be the necessary degree of proximity of relationship. The touchstone of its existence is that there be reasonable foreseeability of a real risk of injury to the visitor or to the class of person of which the visitor is a member. The measure of the discharge of the duty is what a reasonable man would, in the circumstances, do by way of response to the foreseeable

    Read More

  • Cheyenne's Negligence Case Study

    994 Words  | 2 Pages

    Upon further review of the evidence in the case, it was explained that Gordon fastened Cheyenne into the seat while she was asleep. This statement seems to eliminate any theory of infants negligence immediately since she was not the one to fasten the seat belt, in addition to her age barring recovery for infants negligence. When placing her into the vehicle he noted that the shoulder portion of the strap fell over her neck and head, allowing for a large amount of slack. Gordon’s direct statement indicates that he knew the seat belt was too large for Cheyenne, however he still placed her in the seat. It is unclear whether Gordon placed the strap behind Cheyenne’s back, or if some time during the ride Cheyenne placed the excess length of belt behind her own back. Since she

    Read More

  • Example Of A Negligence Case Study

    722 Words  | 2 Pages

    On Thursday, 11/12/2015, at 17:01 hours, I, Deputy Stacy Stark #1815 was dispatched to a domestic disturbance in progress located at 66 Paper Lane, Murphysboro, IL 62966. It was reported that a 15 year old female juvenile was busting out windows on her mother’s vehicle. Deputy Sergeant Ken Lindsey #2406 and Deputy John Huffman #2903 responded as well.

    Read More

  • Medical Negligence Case Study

    1073 Words  | 3 Pages

    Jack’s case is an example of medical negligence. The physician that prescribed the prescription should have done a full physical and medical exam on the patient. Jack’s physician failed to ask if he was allergic to any medication. Before prescribing any medication one of the first questions should be what or if they are allergic to anything. Jack faced several health complications such as difficult breathing, turning red, and falling to the floor. He went into anaphylactic shock due to the fatal allergic reaction. The last encounter with Sulfa, Jack developed a rash due to the allergic reaction. Health professionals are required to undergo training

    Read More

  • Medical Malpractice Lawsuits

    3014 Words  | 7 Pages

    Medical malpractice lawsuits are an extremely serious topic and have affected numerous patients, doctors, and hospitals across the country. Medical malpractice is defined as “improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional” (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise. Negligence is the concept of the liability concerning claims of medical malpractice, making this type of litigation part of tort law. Tort law provides that one person may litigate negligence to recover damages for personal injury. Negligence laws are designed to deter careless behavior and also to compensate victims for any negligence.

    Read More

  • a

    1149 Words  | 3 Pages

    The McIntyre vs. Balentine is one of the landmark cases in the United States because of its contribution to the adoption of a system of modified comparative fault in Tennessee. Based on this system, a plaintiff may receive compensation for damages where his/her fault is less than the defendant’s fault. Notably, the recovery of damages by the plaintiff is lessened to reflect his/her extent of fault. In situations involving several tortfeasors, a plaintiff’s recovery of damages is valid so long as his/her fault is less than the total fault of all tortfeasors (“Comparative Fault & The Empty Chair”, n.d.). The lawsuit was determined on the basis of contributory negligence doctrine and comparative negligence. The application of these doctrines as fueled by the need to determine the essential difference in the fault or legal duty between a party or non-party and negligent tortfeasor.

    Read More

  • Negligence In The Film A Civil Action

    610 Words  | 2 Pages

    The movie “A Civil Action” released on January 8, 1999 provides viewers with an extraordinary story of the nightmare that occurred in Woburn Massachusetts in the late 1970’s. The people of this small town at the time had no idea what was going on until there were various cases of Leukemia in small children that ultimately resulted in the early passing of them. The people eventually had gone to find out that the drinking water in this small town was contaminated and there were many women that stepped in to get answers. This movie is a tremendously jaw dropping, eye opening account of a heartbreaking true story incident. There are various elements of negligence in this movie including, duty, legal cause, proximate cause and damages.

    Read More

  • Negligent Discipline

    631 Words  | 2 Pages

    Liability for negligence is a civil matter. In liability negligence, the victim has to be able to prove that the defendant has legal obligations, and the obligations was breached, and that they have received foreseeable harm as a consequence of the negligence alleged. If the victim can prove that there was a breach of a legal obligation then he/she will be awarded damages based on the basis of the harm caused or loss sustained.

    Read More

  • Tort Analysis

    835 Words  | 2 Pages

    In almost all cases, the defendant is in some sense at fault,either because he instends harm or because he takes unreasonable risks of harm.

    Read More

  • Negligence Case Study

    935 Words  | 2 Pages

    Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.

    Read More

  • Legal Malpractice Case Study

    1366 Words  | 3 Pages

    In order for a client to successfully bring a legal malpractice suit they must show the required elements of legal malpractice which are “(1) an attorney-client relationship; (2) a duty owed to the client by the attorney to use such skill, prudence, and diligence as lawyers of ordinary skill and capacity possess in exercising and performing the tasks which they undertake; (3) a breach of that duty; (4) the breach being the proximate cause of the client's damages; and (5) actual loss or damage resulting from the negligence.” Mainor v. Nault, 101 P.3d 308, 310 (Nev. 2004).

    Read More

  • The Tort of Negligence

    1121 Words  | 3 Pages

    did owe a duty of care to Mrs. Donoghue, in that it was up to them to...

    Read More

  • Examples Of Tort Of Negligence

    1171 Words  | 3 Pages

    Negligence is a concept that was passed from Great Britain to the United States. It arose out of common law, which is made up of court decisions that considered whether a defendant had an obligation to act with greater care. It is conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm and involves a failure to fulfill a duty that causes injury to another. Many torts depend on whether there was intent but negligence does not. Negligence looks to see whether the person had a duty to act with care. It emphasizes the need for people to act reasonably in society. This is important because accidents will happen. Negligence helps the law establish whether these accidents could have been avoided, if there was a breach of duty to act reasonably, and if that breach was the cause of injury to that person. By focusing on the conduct rather than the intent of the defendant, the tort of negligence reflects society’s desire to

    Read More

  • The Tort of Negligence

    876 Words  | 2 Pages

    allow a remedy in a particular case as it would open the doors to many

    Read More

More about Negligence Case

Open Document