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general negligence in tort
tort law case studies on negligence
tort law case studies on negligence
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Recommended: general negligence in tort
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. First off, as a corporation handling a towns water systems, it is the duty of the individuals within the company to take care of the water in a responsible …show more content…
In the beginning of the movie, the mothers of the victims went to Mr. Schlichtmann who was the lawyer that ultimately helped them with their case. All they ultimately wanted was an apology. However, Schlichtmann worked for a small firm. This firm typically took clients who are too poor to pay usually rather expansive legal fees in hopes of winning and receiving a chunk of a large settlement. As he sits and listens to the devastated mothers of the affected children, he contemplates if this is a case that would be worthy of getting involved with. Ultimately, as he did get involved with the case, he was able to prove that there was proximate cause. It is evident that various people were injured/hurt in this incident. Proximate cause is the defendant having foreseen the possible outcomes a such a situation and in this case it is easy to tell the possibilities of allowing hazardous waste into drinking water and even destructing the
Damages are a fundamental principle in the American legal system. However, a number of recent cases in the United States have sparked a debate on the issue, the most famous one being the “hot coffee lawsuit”1. In 1994, Stella Liebeck bought coffee at a McDonald’s restaurant, spilt it, and was severely burnt. She sued the McDonald’s company, received $160,000 in compensatory damages, and $2.9 million in punitive damages. A judge then reduced the punitive damages to $480,000. The final out-of-court settlement was of approximately $500,000. For many, this case is frivolous (meaning that the plaintiff’s prospects of being successful were low or inexistent), but it really highlights the question of excessive punitive damages compared to the damage suffered and its causes.
On February 26th 1972, Dam 3 of the Buffalo Mining Company a subsidiary of the Pittston Coal Company, failed resulting in a flooding of the Buffalo Creek Hallow. The disaster caused property damage, wrongful death, and psychic impairment. West Virginia prohibited any dam built any dam built over “fifteen feet in height across any stream or watercourse without a prior determination by the state that it is safe” (15). The state’s failure to properly enforce this law gave Pittston the ability to claim the disaster was an act of God; this was supported by President Nixon who referred to this as a natural disaster (187). In his testimony Mr. Spotte, head of the Pittston Coal Group, stated the accident was a natural occurrence beyond the company’s control. However he admitted that this particular dam (3) was not built in the custom of the company other dams lacking a spillway system. This failure to ensure a standard constituted a negligent breach of duty (134-137).
Billy Wilder’s film Double Indemnity uses a considerable amount of German Expressionism techniques. A crystal clear example of this is at the end of the film when Walter goes to meet Phyllis at her house, when he opens the door a long and sharp shadow appears across the wall. This is a technique used in one of the most famous german expressionism films Cabinet of Dr. Caligari. In order to get this effect, Wilder is using low-key lighting so the shadow is obvious to the audience. In this film, long and sharp shadows as well as inky blackness often appear on the screen, this is a major characteristic of german expressionist films. The mise en scene reinforces the darkness in the style and tone. These films emphasize
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.
For 20 years, in Woburn, Massachusetts, there were more than dozens of cases of childhood leukemia due to contamination of the local wells. This contamination was brought by companies and their chemical waste dumping. The families had children dying and few surviving, therefore they pursued legal help. After hiring a lawyer, the case becomes viral over the duration of the settlement. The struggle between the companies, the lawyer, and the families increased over time but soon saw a solution.
Jonathan Harr wrote a compelling novel, called A Civil Action, on the actual events of a thrilling court case involving two major corporations and the families who were affected greatly. In Woburn, Massachusetts there were twenty-eight children who contracted acute lymphocytic leukemia between the years of 1964 and 1986. The explanation for the contraction of the disease and even the death of some of the children was discovered in the water; two municipal wells near the town were found to be contaminated with toxic chemicals. Eight families filed suit against W.R. Grace & Co. and Beatrice Foods Inc., accusing them for the contamination of the wells and the death of their children. The families only wanted an apology and the truth but when the case began, discovering the truth became difficult.
Jan Schlichtmann, a successful lawyer, is approached by Anne Anderson and eight other families who wish for him to represent their case against big name companies W.R. Grace & Co. and Beatrice Foods Inc. Anderson believes that the improper disposal of toxic chemicals polluted the local groundwater in their town of Woburn, Massachusetts, causing leukemia in eight children (including her own) and ultimately resulting in their tragic demise.1 Schlichtmann was driven by the possibility of earning a large sum of money from this case, but in the end it was the desire for righteousness that lead him and his three colleagues to bankruptcy. After reaching a settlement of 8 million dollars, neither Anderson nor the families were content seeing as they
did owe a duty of care to Mrs. Donoghue, in that it was up to them to...
There are few things in life that could be worse than loosing you child to such a horrible disease as leukemia. One can only imagine having such a tragedy repeat itself throughout you community time after time. To compound such tragedies, imagine being poisoned yourself and having to fight some of the largest local corporations to prove the truth and get it stopped. This is the community setting for Jonathan Harr's true-to-life legal thriller A Civil Action. The book was an award winner for "Best Seller" in 1995 and was named the 1995 National Book Critics Circle Award.
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.
In our given scenario we are asked to discuss legal principles influencing the likelihood of any successful action against Steve in the grounds of negligence. Steve’s negligent driving caused a series of events that caused losses to the other people presented in the scenario and they take actions against Steve in the grounds of negligence. At first we must understand what negligence is. The tort of negligence provides the potenti...
Before the jury decides a verdict, the last step in the trial process is the closing arguments. There were no closing arguments because the parties had to settle on nine million dollars. They did this because the plaintiff’s attorneys went bankrupt due to this case and they couldn’t afford to invest any more money into the case. Beatrice Foods ended up being not liable for the deaths of children so they were allowed to leave the case. Due to this, only W.R. Grace had to settle with the plaintiff. Later on in 1988, Jan Schlichtmann brought this case to the EPA’s attention and the EPA decided to bring lawsuits against the companies. W.R. Grace and Beatrice Foods ended up having to pay for their huge mistake. They had to pay for the largest chemical cleanup in the Northeastern which cost sixty- four million dollars.
up to the claimant to prove. The rule for this is sic utere tuo ut
Ensure conservation and protection and sustainable management of Water Resources, Grant impartiality in water distribution and use and value traditional water rights if based on impartiality and public integrity. Ensure licensing of water for commercial uses; sustain international
allow a remedy in a particular case as it would open the doors to many