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The Common Law Theory of Negligence
Negligence is defined as the failure to exercise the appropriate care that is expected to be exercised under the specified circumstances. In law, negligence is the breach of a legal duty to take care that results in damage undesired by the defendant. The underlying concept of negligence is that individuals should at all times exercise reasonable care in their actions (Scott). This is done by considering the potential harm that one might foreseeably cause to another individual or property. Looking at personal security, this is quite applicable in that even when offering security, one should ensure that they take care of their actions. Even though one might be forced to use force, it must be used only when absolutely necessary and this action should be considered and determined that it will not result in harm to others. Business owners or organizations that hire security guards or bouncers are liable for the harm that these individuals would cause on the people who visit their establishments. Since the altercations took place at the organization's premises, then it is liable and its employees should have been trained better.
Organizations should have...
A business that is open to the public is required to ensure that the individuals who visit the premises are secure and no harm comes to them when they are in the business premises. However, there might be instances when criminals might attack the business and this is where the business should ensure that it has put in place proper security and security guards to prevent such a scenario. In case, the business does not have security guards, then the owner might be negligent and they would be liable to any defendant who is injured during the robbery or attack. Employees of the business or organization should also be properly trained on how to handle clients and to avoid any physical attack (Kennedy). Security should not just be physical the company can also make use of CCTV cameras to deter criminals. The cameras should be monitored at all times.
Bouncers and security guards are required to perform their duty in a non-negligent manner. However, there are instances when they are forced to use a certain amount of force in order to maintain peace in an establishment.…
Negligence Torts, Duty of Care and Available Remedies People commit torts all the time, intentionally and unintentionally, and many of these are dismissed, excused, ignored or otherwise allowed to transpire without resorting to litigation for remedies. For instance, if someone's foot is stepped on a couple of times in a crowded elevator, it may be a tort but it also may not be a big deal. In some cases, though, the
Negligence of Auditors Policy Considerations In the past one decade, there have been rampant cases against auditors, reflecting both on the litigious nature of a plaintiff's bar, which encourages claims against independent certified public accountants Owing to this, there have been numerous literatures encouraging the imposition of civil liability on accountants whose actions fail to conform to professional standards. Therefore, many courts after considering the scope of an auditor's vulnerability to negligence have
Sanders's injury was more as a result of the "hard falls" of softball, rather than any sort of "rough treatment" that occurred as a result of improper supervision. The "rough treatment" category of head-butting football players can easily be distinguished from the more passive interaction between sliding ankle and first base. When the facts of a case clearly demonstrate improper supervision of "rough treatment" athletic activity, the courts have had
This being the case, the liability insurance company will pass the suit to their attorney, who will then be responsible for filling a written answer. The next phase in the litigation process will be a series of discovery, where each side will be given the opportunity to research the case by asking each other questions and demanding specified documents. Based on this gathered information, the liability insurance company again will
The tort for companionship and society is, by law, only applicable to persons and not to animals, regardless of their regard as companion animals or not. As for the trespass tort, it was found that insufficient evidence was available to prove wrongdoing by the plaintiffs. There was no evidence to suggest how the dogs entered the plaintiffs' property. Evidence of neglect was not sufficient, according to the court. Analysis I was somewhat
Negligence and Respondeat Superior: Should Employers be Held Responsible for Employee Negligence? Negligence "A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances" (West, 2008). To establish a claim of negligence, a plaintiff has to establish four elements: duty of care, breach of duty, factual causation, and damages (Berry, Sahradnik, Kotzas, & Benson, 2013). The duty of care