...Introduction Negligence Negligence occurs if someone suffers harm, and the person who causes such harm does so through carelessness. For example, Mr Harley, a blind man tripped over a long-handled hammer which had been left near a hole in the pavement. The House of Lords held that the Electricity Board whose workmen had dug the hole, had failed to consider that blind people might be passers by. A reasonable man would have foreseen this and taken the necessary precautions. The Board had fallen below the standard of the reasonable man. The Court therefore awarded Mr Haley damages in negligence (Haley v London Electricity Board [1964]). Types of negligence...
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...Negligence Negligence is failing to uphold certain standards of behavior established under the legal system, the law of torts. This was established to protect against the lack of care upheld by another. The plaintiff has the onus of proof and therefore must prove that the defendant has failed to conform to the required standard and to upholding the responsibilities that accompany their duty of care. CASE- A New South Wales mental health facility was sued for negligence after one of their patience’s killed his friend upon release and then committed suicide, Mckenna and simon v hunter and new England local health district (2013) NSWCA 476 (23 December 2013). The mental health facility failed to protect the mentally ill Pettigrove and his friend Mr. Rose. The doctors and nurses that had seen Pettigrove had all come to the conclusion that the patient was indeed mentally ill, suicidal and was a treat to those around him. With these diagnosis in mind the doctor then approved the leave of Mr. Pettigrove where Mr. Rose was to accompany him and take turns in driving P to his mother’s house where he could get help that he needed at a better located mental health facility. Mr. Pettigrove failed to take his medication on the basis that it would make him drowsy and unable to help with driving on the long journey. Pettigrove strangled and killed his friend at 6pm, claiming that rose had killed him in a past life to police before committing suicide himself....
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...The plaintiff, Logan, is obligated to prove her negligence claim against Defendant Rios with a preponderance of the evidence. As the supplemental commentary notes to the Franklin Supreme Court Approved Jury instructions note, it is necessary that Logan persuade a jury considering the evidence, that her proposition is more probable than not. A jury will evaluate the evidence, including witness testimony, and the weight to be given to it, and make a determination as to whether it is more probable than not that Rios’s negligence, through her employees at the store she owns, Trina’s Toys, was the direct and proximate cause of Logan’s injuries. Further, a jury will have to decide Rios’s affirmative defense of contributory negligence. There...
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...A lawsuit was brought against Tim Clancy by Dianna Goad to recover damages from Clancy’s alleged negligence. While driving, Clancy fell asleep behind the wheel of his pickup truck, crossed the dividing line toward oncoming traffic, and collided with Dianna Goad and her motorcycle (Cheeseman, 2016). This accident severed Dianna’s leg above the knee, caused her to remain in a coma for two weeks, and cost her $368,000 in medical expenses alone (Cheeseman, 2016). In order to determine if Clancy was negligent, one must prove that Clancy owed and breached the duty of care, damages/injuries, and that Clancy was the actual cause (Cheeseman, 2016). Goad must be successful in proving Clancy’s negligence; otherwise, the case will be dismissed. According...
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...consequences and potential risk to the patient due to an omission and deviation of the standard of practice. The medication error and the fall are two of the most foreseeability incidents in health care setting. The proper assessment of the considerable risk for fall patient and the crucial need of the nurses in identifying the right medication for the right patient can eliminate the potential injury. The causation of the injury and unnecessary suffering occurred to the patient must be proven due to the breach of duty owed to the patient. An example, could be the administration of the wrong medication, wrong dosage to a patient, inability to provide safety and erroneous surgical procedure resulting in damage and injury. The injury caused by the negligence of the health care provider must prove the physical pain and suffering, emotional, psychological and financial constraints for the plaintiff. More so, the financial...
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...Tommy v. Michael Negligence Negligence requires a showing that a duty was owed from the defendant to the plaintiff, that duty was breached, and that the breach was the actual and proximate cause of the plaintiff’s damages. Special Duty – Land Occupier-Invitee A special duty arises in circumstances involving a land occupier. An invitee is one who enters another’s land with the owner’s permission for the purpose related to the activity. The landowner owes the invitee a duty of care to inspect and discover any dangerous conditions and to make the premises safe. Michael owns an amusement park and property that his home is on; therefore, Michael is the land occupier. Tommy, a 10-year-old boy, was invited onto Michaels property and amusement...
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...Case Study on Negligence - Stella v Christine Stella can take an action of Negligence against Christine for her careless conduct regarding the slippery floor as well as the heating urn and steamer. She will be the plaintiff, and Christine, the defendant. Stella bears the burden of proof that Christine owed her a duty of care, but omitted to perform it, which caused her personal injuries and economic loss. The elements, including duty of care, breach of duty of care, and damage, must be proven on the balance of probabilities. If proven, Stella will probably be able to claim monetary compensation for her medical costs, loss of earnings, and suffering and pain. At the meanwhile, however, Christine can defend herself by alleging Stella’s Contributory Negligence so that the amount of her compensation might be reduced. DUTY OF CARE The law states that the duty of care is established upon the reasonable foreseeability test, which means a defendant will owe a duty of care to a plaintiff where it is reasonably foreseeable that their act or omission of act might harm the plaintiff. Donoghue v Stevenson [1932] created the modern concept of negligence. Since then, the test of 'reasonable foreseeability' has been discussed in many cases. Take Wyong Shire Council v Shirt [1980] as an example, in that case the court held that it was a foreseeable risk that the ambiguity of the deep water sign might induce people to believe that the water was deep and therefore safe for water skiing;...
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...Throughout the master complaint the NFL faces many lawsuits dealing with different torts such as negligence and strict liability. Many players filed lawsuits due to emotional and cognitive injury they believe arouse from playing football. In the “League of Denial” Mike Webster filed a claim against the NFL and was able to win. Webster claimed football was the cause of his early onset dementia and confusion. Although the NFL knew brain injuries were caused by football years in advance, they were negligent in taking action to prevent players from being seriously hurt. The NFL master complaint also states negligent misrepresentation in which the NFL was also the defendant in the case. The NFL withheld information from players, although they were aware of the consequences players could face from the repetitive impacts to the head. The NFL ignored scientific studies and concealed true information instead of passing it onto the players. As a result the plaintiffs in the case were successfully able to seek the full measures of damages allowed under law....
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...where he lost control of the vehicle and struck six people. The five law enforcement officers were sued for negligence in releasing Ralph. In my opinion, the law enforcement officers did not owe a duty to the victims. The risk of injury in releasing Ralph to his brother was not foreseeable. Since Ralph had been detained by officers for disorderly conduct, officers had no reason to believe Ralph had been operating a vehicle in his intoxicated state or would be doing so upon his release. From a law enforcement perspective, the officers could have arrested Ralph for disorderly conduct had they believed Ralph still posed a danger to the public....
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...LAW OF TORTS Research Project: NEGLIGENCE AND PRESENT LEGAL SCENARIO Submitted By Shivanshu Sharma 14010224128 Division A Batch 2014-2019 Symbiosis Law School, NOIDA Symbiosis International University, PUNE In September, 2014 Under the guidance of DR. C.J RAWANDALE Symbiosis Law School, NOIDA Symbiosis International University, PUNE In September, 2014 CERTIFICATE The Project entitled “NEGLIGENCE AND PRESENT LEGAL SCENARIO” submitted to the Symbiosis Law School, NOIDA for Ethics as part of internal assessment is based on our original work carried out under the guidance of Dr.C.J Rawandale from July to September 2014. The research work has not been submitted elsewhere for award of any degree. The material borrowed from other sources and incorporated in the thesis has been duly acknowledged. We understand that we ourselves could be held responsible and accountable for plagiarism, if any, detected later on. Signature of the candidates Date: 17th September, 2014 Acknowledgement We would like to thank each and everyone who have helped us in the completion of this project knowingly or unknowingly. Firstly, we would like to extend our heartwarming thanks to our law of torts teacher, Dr.C.J Rawandale, under whose abled guidnce we were able to complete our research project. Further, we would sincerely like to thank our esteemed institution and other faculty members, without whom this project would not have seen the light of the day. Last but certainly not...
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...Now that the details of the case as well as the arguments for each side have been discussed the case must be decided. The proximate cause of the injury is the defendant’s product the Taurus. The Taurus is the proximate cause due to the foreseeability test. Proximate cause is determined by whether the injury was foreseeable Hastings for Pratt vs. Seegars fence Co. 128 N.C.App. 166. The defendant should have foreseen that the bad design of the seatbelts could lead to injury in the event of a crash. Thus said the plaintiff would sue for strict liability and negligence due to the defective engine and the defective seatbelt. The defendant’s defense of contributory negligence would be effective because despite Ford’s warning about not using booster seats the Stark’s chose to not use a booster seat. This reduces the liability on Ford Motor Co. for negligence and strict product liability. The second defense, Assumption of the risk will also help negate remedies toward the plaintiff. The plaintiff did not use a booster seat despite knowing the danger of doing so. The defendant’s defense, Assumption of the risk will barre recovery for the plaintiff for remedies related to the harm that was caused by the risk. This is because, “A plaintiff who voluntarily assumes a risk of harm arising from the negligent or reckless conduct of...
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...loss or harm from another party and this is lead to action to civil court. There are two ways to occur in civil liability which is either a breach of contract or a tort having been committed. Liability of tort is not undertaken voluntarily and its’ applied by the courts on the basis that certain types of conduct ensure the imposition of tortious liability. Examples of tort situations are negligence, nuisance, trespassing, defamation, occupiers’ and vicarious liabilities. In Soo’s case, emphasis is given to law of negligence. In Soo’s case, she can claim under the negligence from Tesko. Negligence always required some form of careless conduct. Based on the fact given there is an extent of careless conduct by Tesko. In order for Soo to successfully sue Tesko for her claim there are three elements that need to be established. The first element is there must be an existence of duty by Tesko, breach of that duty and the causation and that the damages are not too remote. Based on the first element, the fact related which is Donoghue v Stevenson [1932] AC 562 House of Lord [1]. This case was happens on 26th August 1928, Donoghue and her friend went to a café in Glasgow and her friend brought a bottle of ginger beer for Donoghue. The ginger beer was in a brown and opaque bottle so that the contents could not be seen. Donoghue poured half the contents and also drank some from the bottle. After then, she poured the remaining contents and a decomposed snail from the bottle into...
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...Hospital Negligence LaTonya Jefferson HCS 478 September 26, 2011 Negligence is defined as conduct lacking in due care and is equated with carelessness (Guido, 2010). An act can be considered negligent if it is a deviation from the standard of care that a reasonable person would do or what they would not do. At the Neighborhood Hospital, negligence has been cited due to the wrong limb being amputated on a patient. We will look at negligence vs. malpractice and whether the circumstances presented indicates negligence, as well as whether or not there is a case to pursue malpractice. As stated above, negligence is an injury that is caused by carelessness, but the injury is not intended. Gross negligence is caused when someone deliberately acts in a way in which they know or should know will cause harm (LaMance, 2011). For healthcare professionals, any act of negligence can be a basis for a malpractice lawsuit. According to Guido (2010), to be liable for malpractice, the person committing the wrong must be a professional whose misconduct, lack of skill, or fidelity in duties results in injury, suffering, or death due to carelessness or lack of foresight. In a court of law, in order to prove negligence or malpractice, the plaintiff (the injured party) must be able to prove certain elements to establish liability (Guido, 2010). These include duty owed the patient, breach of duty owed the patient, forseeability, causation, injury, and damages. Duty of care involves...
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...Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case. The four elements necessary to prove a negligence case are duty of care, breach of that duty, injury, and causation. The first requirement in establishing negligence is for a plaintiff to prove the existence of a legal relationship between himself or herself and the defendant. Duty is defined as a legal obligation of care, performance, or observation imposed on one to safeguard the rights of others. This duty, for example, can arise from a relationship between a physician and a patient which may be as simple as a telephone conversation. Duty can also be established by contract or statute between a plaintiff and a defendant. The second element, breach of duty, is the failure to conform to or the departure from a required duty of care owed to a person. Once a duty of care has been created, the plaintiff must exhibit that the defendant breached that duty by failing to comply with the required accepted standard of care. Evidence of a breach of duty typically can be offered through expert testimony or res ipsa loquitur (“the thing speaks for itself”). Injury is the third element needed to prove a negligence case. The term injury is not limited to just physical harm but may also be comprised of loss of income or reputation and compensation for pain and suffering. According to Showalter, “it is not enough to prove that a physician failed to meet the standard of care and the...
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...probability or a threat of damage, injury, liability, loss or any other negative occurrence that is caused by external or internal vulnerabilities. Example is the probability that an actual return on an investment will be lower than the expected return; the probability that due to a certain hazard in food there will be a negative effect to a certain magnitude. Liability on the other hand refers to fault; the person who is at fault is liable legally to another because of his or her actions or failure to act. It also describes some form of obligation or responsibility, it represents an outstanding debt, product or services that have yet to be provided or acknowledgment of responsibility and payment provided for damage caused through actions or negligence. Liability risk can arise from an intentional act or omissions that result in harm or injury to another person or damage to the person’s property. Liability risk can result in suits against an individual and or resident of the individual’s household for actual or imagines bodily injury and or property damage to a third party. Each person has a certain legal rights. A legal wrong is a violation of a person’s legal right, or a failure to perform a legal duty owed to a certain person or the society as a whole. Examples of legal wrongs are: A Crime, which is a legal wrong against society that is punishable by fines, imprisonment, or death. A breach of contract is another legal wrong. Finally a tort is a legal wrong for which the law...
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