Negligent Torts Are Most Common Types Of Tort Cases Essay

Negligent Torts Are Most Common Types Of Tort Cases Essay

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Negligence


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.


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).

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