"Cause" is the next element needed for a successful negligence suit, but this is probably the most intricate element involved. The first aspect of "cause" is known as "cause in fact," and involves demonstrating that the defendant's actions, or lack of action, actually caused the harm suffered by the plaintiff. For example, the patient in the case actually suffered paralysis as a result of the surgery. It must be pointed

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

Negligence a) Elements of Negligence Your son sustains a deep laceration on the leg, and you decide to bring him to the hospital for the doctor to perform the routine check-up and at the same time dress the wound. You stop the bleeding, disinfect, and gauze the wound before leaving the house. At the hospital, the doctor, in a rush, performs the regular check-up, and then embarks on addressing the wound. He

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 Tort Case Review In 1981 Dula McCarty, while staying at the Pheasant Run Lodge, was attacked in her room. The intruder had gained access to her room through a sliding glass door that was lock but had a small safety chain attached. While Mrs. McCarty was out for dinner the intruder, who was never caught, pried open the sliding door, cut through the small chain, entered the room and attacked