¶ … Negligent Tort
Under the law the general public is entitled to a certain amount of protection. This is because everyone is expected to provide safeguards for the people they are dealing with. When there is an accident, the odds are high of a particular party becoming the subject of possible tort litigation. In the case of negligent tort, the other party unintentionally violated the standard duty of care. This is defined as someone who is acting within reason to ensure that everything is safe. Once some fails to follow these basic guidelines, is when this will increase the odds that they could be the subject of a negligent tort claim. ("Elements of Tort Negligence," 2010) ("Standard of Care," 2012)
Proving Negligent Tort
To prove any kind of negligent tort, the plaintiff must demonstrate that the defendant violated several different criteria. To include: the duty to protect, the actual injury, breach of duty and legal / factual causation....
These different elements are important, because if these areas can be proved in court is when the defendant will be liable for their actions. ("Elements of Tort Negligence," 2010)
As far as the duty to protect is concerned, this is when the individual party must do everything in their power to safeguard anyone from being harmed from reckless behavior. This means that the other party cannot engage in some kind of activity that could cause someone to become injured because of their actions. For example, if a pharmacist fills the wrong prescription. They can be held liable for not protecting their customer. ("Elements of Tort Negligence," 2010)
Actual injury is when the plaintiff must demonstrate that they were physically harmed from the incident. This includes everything ranging from: physical injuries to emotional distress that other party is going through. Moreover, the loss or damage to property will fall under this category. ("Elements…
Negligent Tort In basic terms, a tort can be defined as a civil wrong. In this case, it is the victim of wrongful conduct who brings action against the alleged wrongdoer. The alleged wrongdoer in tort law is referred to as the defendant while the claimant or plaintiff is the victim who suffers as a result of the conduct of the defendant. In a way, negligent tort is taken to be
A person may be able to file action against more than one defendant by establishing that the behaviors of each were proximate causes of their damage, even if the defendants' negligent behavior was dissimilar (Larson, 2003). According to the law, a proximate cause is an act sufficiently associated with the legally identifiable harm to include not just the actual physical and sequential cause, but also the legal cause of a
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tort law, including the pros and cons of tort law and the importance of tort law in business environments. In addition the paper will investigate the potential effects of tort reform, and review cases related to tort law, and how it may affect American businesses and consumers. Tort law is an important issue to explore because it relates to the issues of product liability, negligence and financial gain or
Tort Exam Barnaby Willows owns a small boutique petting zoo in downtown Sydney. This petting zoo harbors two of each kind of local species of animal. The zoo is open to the public seven days a week for 8 hours a day. The animals are kept in cages pursuant to city ordinance and have received all of the required vaccinations mandated by public health code. The petting zoo has been in
So denotes the text by Coleman (2003), which indicates that "tort law establishes conditions under which victims can shift at least some of the costs they incur to others. All individuals realize that they may be subject to a judgment against them in torts and so many buy third party insurance to protect them from bearing the full costs of those judgments. In some jurisdictions purchasing third party insurance