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¶ … Negligent Torts
Proximate Causation, Duty of Care and "But for"
According to Bjorklun (1999), the largest amount of litigation in the area of personal injury consists of unintentional torts. The definition provided by Black's Law Dictionary indicates that a tort in general is "a private or civil wrong or injury including action for bad faith breach of contract for which the court will provide a remedy in the form of an action for damages" (1999, p. 1489). As Bjorklun emphasizes, though, "Not every unintentional act that results in an injury to another person or in damage to property is a tort. In day-to-day living, an individual engages in numerous activities that involve varying degrees of risk of injury to another. It is only those acts that are negligent that form the basis for a tort" (1999, p. 82). Therefore, unintentional torts are referred to as "negligent torts" by...
In this regard, Black's advises that the tort of negligence "consists of the existence of a legal duty owed the plaintiff by the defendant, breach of the duty, proximate causal relationship between the breach and the plaintiff's injuries, and the damages" (1999, p. 1489). In addition, in order for individuals to successfully be held liable for damages resulting from a negligent tort, plaintiffs must sufficiently prove that the defendants were negligent because "negligence does not exist in the air. One can be negligent in one's actions toward another person only if one owes that person a duty to be careful" (Bjorklun, 1999, p. 82). Therefore, in order to establish negligence, a plaintiff must demonstrate that a defendant owed a duty of care to the plaintiff, that the defendant breached that duty by a negligent act or…
References
Bjorklun, E.C. (1999). Teaching about personal injury law: Activities for the classroom. Social Studies, 86(2), 82-85.
Black's law dictionary. (1999). St. Paul, MN: West Publishing Co.
Koch, W.J., Douglas, K.S., Nicholls, T.L. & O'Neill, M. (2006). Psychological injuries:
Forensic assessment, treatment, and law. New York: Oxford University Press.
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
Negligent Tort Sportspower Ltd. voluntarily recalled 23,400 trampolines because the metal legs of the trampoline can move out of their correct positions, poke through the trampoline's jumping area and present the risk of injuring the user by possibly "deep, penetrating puncture wounds, cuts and bruises." On the limited facts of the case, some tests to prove negligence would be passed but a court could not decide whether other tests are passed.
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
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
Torts The definition of a tort is a common breach committed toward a second party. In this injury toward another, one of the parties can sue the other for damages. Oftentimes when this involves personal injury. One party that has suffered injury, will file for compensation by bringing a claim against another to compensate for damages experienced. The application of the law in a tort case will decide if the party
Tort law relates to the majority of all lawsuits in Civil Courtrooms. In fact, nearly every claim that is set in civil court except for contractual disputes is under the heading of tort law. Tort law is used to address a wrong a person has done to another person and generally involves the award of monetary damages to compensate for the wrong done to them. There are three types of