Law Case Study In This Case, Study Term Paper

PAGES
2
WORDS
670
Cite

Law Case Study In this case, study there is a legal tussle between a power utility company and a complainant. While trying to remove a kite from power line, the complainant climbed a power pole without the consent of the utility. Unfortunately, he came too close to live power conductors that caused him to sustain severe injuries. The injured party decided to take some legal action against the power company (Knight & Knight, 2001). In this study, I seek to explore some of the good defenses from the standpoint of the power company. Furthermore, I briefly discuss the requirements for a plaintiff to prove negligence against defendant (Bermingham & Brennan, 2012).

The question arising from this circumstance is whether the power utility company acted negligently when the complainant suffered serious injuries while retrieving his kite from their property.

In tackling the legal question, the following legal concepts are crucial to prove negligence. First, the defendant owes the plaintiff the duty to care: the actions of the defendants should be reasonable in a manner to foresee a risk or harm. Secondly, the defendants in his actions should have breached this duty of care owed by acting unreasonably (Melone & Karnes,...

...

Finally, while acting unreasonably and breaching the duty owed to the plaintiff, the defendant initiated the injury suffered by the plaintiff. The injury must have been a reasonably foreseeable consequence of the defendant's deeds or misdeeds. Besides, the plaintiff did not contribute to it in any manner (Bermingham & Brennan, 2012).
The injury brought about by the accident is in no way occasioned by the breach of duty of care by the power utility case. From the brief of the case, it is evident that the injured did not seek permission or inform the company of his intention to climb the pole. This information points to the fact that it was a necessity for any person who would wish to climb the pole to notify the company. Since the plaintiff failed to fulfill this duty, his actions were unreasonable and evidently inconsequential for him to sue the company. Therefore, the complainant lacks grounds to argue out that the utility company acted unreasonably as far as their duty of care is concerned (Melone & Karnes, 2008).

Secondly, the defense may submit that the complainant trespassed into private property. It was unreasonable for the complainant to climb onto the pole and yet he understood very well that…

Sources Used in Documents:

References

Bermingham, V. & Brennan, C. (2012). Tort Law Directions. Oxford: Oxford University Press

Knight, U.G. & Knight U.G. (2001). Power systems in emergencies: from contingency planning to crisis management. Upper Saddle River, NJ: John Wiley

Melone, I, B. & Karnes, A. (2008). The American Legal System: Perspectives, Politics,

Processes, and Policies. Rowman & Littlefield


Cite this Document:

"Law Case Study In This Case Study" (2014, January 18) Retrieved April 19, 2024, from
https://www.paperdue.com/essay/law-case-study-in-this-case-study-180995

"Law Case Study In This Case Study" 18 January 2014. Web.19 April. 2024. <
https://www.paperdue.com/essay/law-case-study-in-this-case-study-180995>

"Law Case Study In This Case Study", 18 January 2014, Accessed.19 April. 2024,
https://www.paperdue.com/essay/law-case-study-in-this-case-study-180995

Related Documents

Law Case Studies Case #1 There are three points to be made about case number one: 1) whether purchasing inventory is acceptable three weeks before declaring bankruptcy, 2) whether Arthur could make a $400 donation to American Cancer Society, and 3) whether Arthur could pay $300 for the current electric bill. Point 1 -- The trustee would not likely to be able to set aside the purchasing of inventory since Arthur is attempting

Law Case Study Claim 1
PAGES 2 WORDS 521

If the facts support its position, the hospital will argue that it was not negligent in hiring Dr. Dogwood and that nothing in his employment record could have put them on notice of his poor judgment. Claim 3 -- Karl vs. ECR Manufacturer John has a very good product liability claim against the ECR manufacturer. That is because the company supplied a product that was unreasonably dangerous to users in the

Tort Law Case Questions for Barney Barney, how long have you known the plaintiff? Have you lived next door to each other the entire time you have known one another? How would you describe your relationship with the plaintiff? Has it been consistently the same over the years, or has it changed? Would you characterize it as friendly, perhaps even as a friendship or a close friendship? Have you and the plaintiff every had

Criminal Law Case Study
PAGES 4 WORDS 1305

Criminal Law Case Study Summarize the following cases: Edwards v. South Carolina, 372 U.S. 229 (1963) This case involved a protest where 187 blacks filed a petition. They divided themselves into groups of fifteen people. They would protest in public areas. They wanted to air out grievances that their state had policy segregation. All of these had been organized to take place in South Carolina state house grounds. The strike was peaceful because

However, where a state statute exerts control over matters capable of being regulated by Congress under the Commerce Clause, those statutes are invalid because they conflict with a concept that is generally referred to as the "dormant Commerce Clause" (Dershowitz, 2002; Friedman, 2005). In modern application, federal courts apply a three-pronged test to determine whether or not a given state statute is invalid by virtue of a conflict with Congressional

Stark Laws Case Study The Stark Laws are three separate provisions that govern physician self-referral for Medicare and Medicaid patients, named after U.S. Congressman Pete Stark who first sponsored the legislation in the early 1990s. The idea for the laws came into place because of the practice of physician self-referral, or the practice of a doctor referring a patient to a medical organization in which they had some sort of financial