Negligence, An Unintentional Careless Act Essay

Negligence, An Unintentional Careless Act Essay

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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.
First and foremost, the warden should have been responsible for looking out for the possibility that there would have been people around, between the correctional centre and the medical centre in the city of Edmonton, whom had the risk of being in harms way. The employees, Ike and Melvin, just like the warden, should have been looking out for the same thing. Furthermore, as Ike and Melvin were stuck in traffic, they should have been more aware of the possibility of potential harm, due to the particular circumstance of having had an inmate in the vehicle with them.
Secondly, there is the question of whether or not the defendants failed to act as a reasonable person would, in the turn of events? The wardens’ and Ike and Melvin’s case could be que...

... middle of paper ... of the employees; however, the stipulation is that both employees had to watch over Zeb, and when Ike left his post he committed a careless act and took it upon himself to make a decision that involved the safety of others. Therefore, the employees should be held partially responsible.
Ultimately, Helen Happy has a successful lawsuit against the warden of the Peace River Correctional Centre and the two employees of Alberta Correctional Service, Ike Inkster and Melvin Melrose. For, in order to succeed in a negligence case, the plaintiff must generally satisfy the court of the following four elements: duty of care, breach of standard of care, causation, and damages; which have been thoroughly proven above. Therefore the warden and employees should be held negligent for the harm caused to Helen Happy, and she should receive compensation befitting her situation.

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