Negligent torts are one of the most common types of tort cases. Negligent torts are cases that look at the actions of an individual or company that are not deliberate, but more so when an individual or company failed to act toward as a reasonable individual should, to someone whom he owes a duty to. Negligence action found in this particular tort can lead to personal injuries or monetary damages.
The elements which constitute a Negligent Tort are defined as: a person must owe a duty or service to the victim(s) in question, and the individual, or company, who owes the duty must violate the promises or obligation; an injury, then must occur because of the specific violation, and the injury(s) cause, must have been reasonably foreseeable as a result of the person 's, or company’s negligent actions.
To prove negligence, plaintiffs have to demonstrate the four elements are present. First, they have to establish that the defendant owed a duty to the plaintiff. Second, the plaintiff has to demonstrate the defendant breached that duty. Third, the plaintiff has to prove the defendant’s conduct caused injury. Then finally, the plaintiff has to demonstrate legally recognizable injury (Lau & Johnson, 2011).
I discovered a case that I personally found interesting; The American Motorcycle Association v. Superior Court, 20 Cal.3d 578, 578 P.2d 899, 1978. This alleged negligence in this case where Glen Gregos, a teenager who suffered a critical spine injury during a cross country motorcycle race that had been designed for novice riders. Gregos sued the American Motorcycle and the Viking Motorcycle Club for negligence.
The American Motorcycle denied Gregos’s allegations and declared affirmative defenses, alleging that...
... middle of paper ...
...ch cause lawmakers to repeal a law, amend law to current beliefs or standards, which may also include torts (law), to a new standard or elements.
In negligent tort cases, establishing duty is the first step in negligence claims and this rests upon whether the plaintiff(s) was a foreseeable victim to the claimed harm they suffered. The four elements of negligence, duty of the defendant, breach of that duty, the breach was the actual proximate cause of harm, and the damage result. It is also important to understand that there are two views of duty, established in the known case of Palsgraf v. Long Island Railroad Company case, 1928. Which the view is followed depending on the state it falls within, and within any view of each state view, the definition of foreseeable victim is quite broad so that it may be utilized in any state (Court of Appeals of New York, 1928).
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- In modern society such as the United States, consumers expect products they purchase to be safe and dependable. However, that is not always the case with some products. Some business will do everything possible to ensure their product meet or exceed standard set by the company and governmental regulatory agencies. On the other hand, there are some businesses whose main objective is to make profits and will sometime disregard the safety of their product and sale it to the consumer anyway. Then, again there are some company who have the best intent when selling their product however, there are unintentional circumstance that may occur which lead to liability for the company.... [tags: absolute liabiity,product liability, sue]
1707 words (4.9 pages)
- Cyber-Torts in the Workplace A tort is recognized as conduct that results in an injury or damages that are legally recognized (Lau & Johnson, 2014). Torts that occur on the Internet are referred to as cyber-torts. In the workplace, there are multiple cyber-torts that employees may commit, whether intentionally or unintentionally. Examples of such cyber-torts are cyber defamation, trespass to chattels, and conversion. Cyber-Defamation Cyber-defamation occurs when something is written about a company that is untrue and defamatory, meaning that it has the ability to damage the company’s reputation (Mew, 2013).... [tags: Tort, Tort law, Negligence]
1101 words (3.1 pages)
- The United States legal system protects companies and employees from being affected by the constant moving, ever changing technology trend that is traveling across the world today. This paper will be comparing several events that have taken place at BUG, Inc. with their competitors, employees and customers. Comparison of the events and the legal torts that are being violated will be reviewed for each incident. We will discuss areas that the company or the employee or customer should be taking further action.... [tags: Intentional Torts and Negligence]
1903 words (5.4 pages)
- Business Law Question 1 Explain what has to proven in an action for negligent misstatement. There are several types of false statement. One of them is a deliberate lie, which goes under the Tort of Deceit. Another one is negligent misstatement, which is basically the statement made carelessly or without reasonable background and is included into the Law of Tort. The liability for negligent misstatement may arise from pure economic loss. According to Steele (2010), ‘Economic losses will be regarded as “pure” if they do not flow from any personal injury to the claimant nor from physical damage to his or her property’.... [tags: Tort, Tort law, Law, Negligence]
1471 words (4.2 pages)
- Aleksandar Dokmanović Professor Lento EN102 04/22/15 The Effect of Negligent Gun Laws in the United States The United States of America has typically been known for its strong views on freedom. This liberty is one which is shared by all individuals living in this powerful nation and is a way of life which millions of unfortunate people around the world are deprived of. However, this notion of freedom is sometimes taken to an extreme and can result in despair for a handful of unfortunate citizens.... [tags: Firearm, United States]
2017 words (5.8 pages)
- Physicality and sports have been synonymous with each other ever since the beginning. All sports leagues of various skill levels must straddle the fine line between what is acceptable within the game and what is pushing the limits. This is especially true for full contact sports, such as; American football, boxing, and ice hockey. Deliberately or incidentally, the physicality of the sport is an integral part of the game. These unique sports are in the crosshairs of the rules, regulations, and policies of the given sport and are at the mercy of civil laws as well.... [tags: lawsuits for injuries in NHL, NFL]
1414 words (4 pages)
- The law The tort involved in this case is that of negligence, which is defined as the breach of an individual’s duty to take reasonable care in situations where damage has occurred to another person or organisation (Legal Services Commission, 2013). The main purposes of laws against negligent behaviour is to provide compensation for victims whom have suffered or made at loss at the hands of a negligent party or to deter members of the community from participating in negligent behaviour (US Legal, 2016).... [tags: Tort, Tort law, Law, Duty of care]
961 words (2.7 pages)
- paper on this week is regarding negligence torts. There are several aspects to negligence that will be outlined in this research paper. The initial paragraphs entail information on a product recall for Triaminic and Theraflu Products. Triaminic and Theraflu Products are medications that are used in the event of a cold or the flu. It is an over the counter medication that can be purchased at any pharmacy, grocery store or market. The recall was in reference to the issue with the child resistant closure.... [tags: Tort law, Tort, Law, Duty of care]
1490 words (4.3 pages)
- Negligence is a tort law and it falls within the civil law which means a civil wrong has been committed (Tort and Negligence, 2012). The American civil justice system, defines the law of torts as situations that occur when the wrongful conduct of one party causes harm to another individual (WiseGeek, 2003). The responsible party fails to act as a reasonable person to someone to whom she or he owes a duty, as required by law under the circumstances. Negligent torts are not committed purposely, and there must be an injury that occurs from the breach of the duty (Negligent Tort Law, 2014).... [tags: Proving Negligence]
1797 words (5.1 pages)
- Torts vs. Crimes When a wrongful act results in an injury or interferes with someone’s rights the results could become a tort case or a criminal case (LaMance n.d.). Torts can be from a wide variety of legal cases and are brought up in civil courts. A lawsuit is filed and charges are brought up buy the plaintiff or the person or persons who suffered the tortious injury, also known as the victim(s) of the tort. The defendant is the tortfeasor or the accused and if found guilty must cease the violation and pay for damages to the plaintiff.... [tags: liabilities, defective products, rights]
1245 words (3.6 pages)