Torts
What torts are present in the scenario?
In the scenario with Phyllis there are several different kinds of tort that are present. These include: negligent and strict liability tort. Negligent tort is when a person is engaged in carelessness that resulted in bodily, emotional or financial harm. The way that this is affecting Phyllis, is with the restaurant ignoring the fact that she is bleeding profusely. Then, at the hospital the doctor amputated her foot vs. removing the piece of metal from her mouth. ("Types of Torts," 2012)
Strict liability tort is when the other party can collect damages from a particular activity being dangerous. In Phyllis' situation, she can use this to make a claim against the hospital. This is based on the fact that she is seeking out medical treatment (which is considered to be hazardous). ("Types of Torts," 2012)
Who are the potential plaintiffs and defendants in each tort claim?
The...
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