Tort Of Negligence Case Study

Jan Schlichtmann, is the head of a small firm of personal injury attorneys, who is also known to be a successful lawyer in Boston. This small firm only takes on cases they believe they can win. Their clients are for the most part too poor to pay legal fees. Schlichtmann 's firm pays for the legal costs. In which they hope they can gain a portion of an eventual settlement. Essentially, Schlichtmann constantly gambles with the firm 's money. Every time he accepts a case he is gambling the money of the firm. That 's why he originally turns down the case of parents who want to sue for an apology for the deaths of their children. He doesn 't see enough money in this case to justify the risk. Schlichtmann, initially rejects the case just

The behavior usually consists of actions, but can also consist of omissions when there is some duty to act. The tort of negligence is the failure to exercise the standard of care that a reasonable person would exercise in a similar circumstance. Negligent conduct may consist of either an act, or an omission to act when there is a duty to do so. Four elements are required to establish a prima facie case of negligence. The existence of a legal duty to exercise reasonable care, a failure to exercise reasonable care. Cause in fact of physical harm by the negligent conduct; physical harm in the form of actual damages and proximate cause. Which is showing that the harm is within the scope of liability. The two companies, Beatrice Foods and J. Riley Leather Company, breached that duty. The fact that they breached that duty resulted in the continuation of many kids getting sick and dying. The plaintiff’s suffered a legal recognizable injury. Schlictmann was fortunate to prove that the plaintiffs including the residents of Woburn had the right to have clean drinking water. Under a variety government acts the drinking water should be sanitary. Both companies had a duty to care, and not to illegally dump toxic chemicals into any water source. Specially knowing they could be contaminating drinking