...Running head: Negligent Tort Elements The Elements of a Negligent Tort Arthur R. Scott Legal Environment: BUS670 Instructor: Dr. Lisa Barrow 28 August 2011 The Elements of a Negligent Tort A Tort is defined in our text as “a civil wrong that is not a breach of contract” and that it “contemplates civil liability for those who commit torts”. [ (Mallor, Barnes, Bowers, & Langvardt, 2010) ] A tort can be thought of as an action that occurs when an entity, a company or an individual(s) wrongfully injures another (socially, financially, or bodily) and damages are awarded as a result of litigation. One classification of tort civil wrongfulness is that of Negligence. Negligence as defined by our authors is “a failure to use reasonable care, with harm to another party occurring as a result”. The texts further expounds by saying negligence is characterized “as conduct that falls below the level reasonably necessary to protect others against significant risks of harm.” (Mallor, et al 2010) This paper will briefly discuss the elements of a negligent tort, which if successfully proven, can create a ligitimate negligent tort claim. The first element of a negligent tort is Duty. Duty, as defined by David G. Owen is simply “the obligation of one person to the other”. (Owen, 2007) Duty can be further explained as an extension of the reasonable behavior or care an individual would have for themselves to another individual or group in the same or similar situation. This...
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...Synopsis of Tort Cases Paper Matt Howze, Kim Woodard, Anthony Fennell, Mario Hauser, Mike Anson BUS/415 Mrs. Pamela Weddell June 12, 2011 Introduction Throughout this reading, we have evaluated several scenarios and made legal decisions based on the information that we know and the information that we have learned in the previous chapters. Our goal is to determine the tort actions seen in the scenarios identify potential plaintiffs, identify potential defendants, why they are defendants, the elements of the tort claims that constitute the plaintiffs’ claims, any defenses that the defendants may assert, and how the case will be resolved with legal reasoning. Scenario 1 What tort actions do you see? Intentional: Assault is the threat of immediate harm or offensive contact or any action that arouses reasonable apprehension of eminent of harm. Battery an unauthorized and harmful or offensive physical contact with another person Duress/distress a person whose extreme an outrageous conduct intentionally or recklessly cause severe emotional distress to another person is liable for that emotional distress. Defamation false statement made by one person about another in court the plaintiff must prove that the defendant made an untrue statement of fact about the plaintiff. Also the statement was intentionally or accidentally published to a third party. Slander oral defamation of character Unintentional torts: Negligence a doctrine that says a person is liable for...
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...Synopsis of Tort Cases In this paper, you will find synopsizes of four tort cases. Each scenario will include the type of tort actions in the case, potential plaintiffs and defendants, elements of the tort claim that constitute the plaintiff’s claim as well as any defenses that the defendant may assert. Additionally, you will find the writer opinion as to how they believe the claim will be resolved along with the legal reasons for their belief. Scenario One The torts actions, elements, potential plaintiffs, defendants, and claim resolution arise from a series of actions that took place at a football game. Daniel and his son Ruben, age 8, go to a football game. The quarterback drops back to throw a pass, and is hit by an opposing player, breaking the quarterback’s arm, and sending the ball into the stands, injuring a fan. Malik jumps up to yell at the referee, spilling his cold beer on Ruben. Daniel is upset to see Ruben’s enjoyment spoiled this way, and shoves Malik. As Malik falls, he grabs onto the railing, which gives way under his weight. Malik’s face hits the aisle steps, knocking out two of his front teeth. On their way out, Daniel stops at the concession stand to buy two diet soft drinks. A lady standing in line at the concession stand smells the beer on Ruben, and she starts yelling at Daniel, accusing him of giving beer to a child. She makes a huge scene, and several customers cast disgusted glances toward Daniel. One of them is Daniel’s boss...
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...An Ethical Analysis of Negligence In this paper, the author will describe the main differences among negligence, gross negligence, and malpractice in the medical field. In addition, the author will explain his opinion about this article and the facts described in it as well as the rationale used to form this opinion. Furthermore, the author will describe the importance of documentation in the medical field as well as how nurses should document when providing care while complying with legal and ethical requirements. Unintentional torts are the most common torts in the medical field. Torts are acts occurred without the tortfeasor intention to cause harm; however, some type of harm results from it. Torts are also actions committed unreasonably or disregarding the consequences, in legal terms this represents negligence (Judson & Harrison, 2010). According to Judson and Harrison (2010), negligence is an unintentional tort and a person is negligent when in similar circumstances he or she did not performed as expected from a reasonable person (Judson & Harrison, 2010). Defining gross negligence is a more complicated issue. According to Thornton (2006) the Texas Civil Practice and Remedies Code defines gross negligence as an act of omission that when viewed from the position of the actor at the time the omission occurred it shows a significant degree of risk and possible harm to others (Thornton, 2006). In addition, the actor is aware of the risks but proceeds disregarding the rights...
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...product that you just purchased failed to have the proper warning label? Better yet, has the design or the manufactured parts of the product somehow become defective? These questions are just some of the legal issues that will be presented within this paper. In addition, the legal principles that apply to each of the issues will be discussed. Product Liability is the type of law that holds manufacturers, distributors, suppliers, retailers, and others involved with the product reponsible “for any damage caused by that product (Products Liability Law). This paper will contain important factors about the Product Liability video. For example, Potential tort risks that were addressed within the video will be identified. In addition, a tort violation from the video will be identified. This, in turn, will provide the 7-step process to be applied to the risk management process to mitigate the business risk associated with that violation. Lastly, the criterion in determining if it is an appropriate situation to involve legal counsel in regards to the breach of warranty occurrence will be evaluated. Potential Tort Risks First of all, there are several potential tort risks that are addressed within the Product Liability video. Tort law basically protects individuals from various enterprises and other parties from injuring the innocent either recklessly or negligently. For example, the video explains how the product quality was not represented properly. The company is at fault...
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...HSA515 February/1/2011 Healthcare Policy Law and ethics Abstract The Snow Storm Lawsuit is a case of Negligence, Duty to act, and wrongful death. This paper will explain the legal, ethical and professional considerations. The Chief Executive Officer of a small non-profit community hospital were on vacation in the Bahamas, the are was hit by a large snow storm, in this case, many of the hospitals health care providers were unable to make it to work, as a result. This paper will explain how the employees reacted, and how the patients ethically, legally and professional suffered from the unexpected incident. While the Chief Executive officer of a small non-profit community hospital was vacationing in the Bahamas, the area was hit by a large snow storm. Many of the hospitals health care providers were unable to make it in to work, 3-11 and 11-7 shifts. As a result the patients units were understaffed and days shift personnel were required to remain on duty until relieved. During this snow storm, several patients sustained minor injuries from falls out of their bed, and one patient died after being given the wrong medication, the nurse on duty also left the hospital to go to Wendy’s to buy dinner, after one year, the families of these patients sued the hospital on the behalf of their deceased relatives. The three legal considerations are, during the snow storm, many of the hospital health care providers were unable to make...
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...Negligent Tort Linda Rapp Bus 670 Dr. Jennifer Stevens Febuary10, 2014 Ashford University Negligent Tort Understanding the Negligent Tort concerning product subject to recall from the Consumer Product Safety Division the product involved was three styles of Sugarfly-branded hooded woven and cotton styles jackets. The jackets were manufactured by Burlington Coat Factory stores nationwide. Style number KMCB1255,KMCBJ410,KMCBJ421 are the products being recalled the hooded jacket should be taken away from children to avoid hazard. The coat coat sizes are for girls age 7 through 16 the date of the recall is from September 2011 through September 2013. The consumer will receive complete product refund around $ 40.00. The Burlington Coat Factory negligent actions in selling the product in question in product liability with the laws that protect consumers the Safety Improvement Act in 2008 (Seaquist,2012) The answer is if the Burlington Coat Factory had not recalled the product and caused harm to consumers they would have been liable for negligence actions. The Discusses the following in relation to the product recall:: Duty of Care Standard of Care Breach of the Duty of Care Actual Causation Proximate Causation Actual Injury Defenses to Negligence Analyze and apply a relevant consumer protection statute identified under “Consumer Protection” in Chapter 8 of your text in conjunction with the product recall that you have identified.Must addres Home / Regulations...
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...interest of the patient. These laws range from tort laws, criminal laws, and contract laws. Although each of these laws are set in place to protect the patient to a certain degree of wrongdoing on the physicians and medical facilities part, they can be distinguished by which one affects health care professionals directly compared to indirectly. In this paper, I will discuss the Tort Law, the law that most directly influences Health Care Professionals. Tort Law Defined Tort Law can be defined as the civil wrongdoing against a person. Tort warrants claimants to seek restitution for their alleged disservice for bodily harm, effects, or character. In order to file a tort claim, the claim has to be factual or true by the party that suffered the disservice. Medical personnel and facilities can receive jail time and/or malpractice claims if found guilty of such negligence as described in the tort claim. According the Congressional Budget Office (2006), “The system has twin objectives: deterring negligent behavior on the part of providers and compensating claimants for losses (including medical costs, lost wages, and pain and suffering) they incur as the result of an injury that occurs because of negligence” (http://www.cbo.gov/ftpdocs/71xx/doc7174/04-28-MedicalMalpractice.pdf ). Torts can be divided into categories, such as negligence and intentional torts. Negligence is the most common tort claim filed towards health care professionals. Tort laws are set in place to recognize what...
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...Recognizing and Minimizing Tort and Regulatory Risk Plan A business, whether for or not for profit, in this country, is regulated under guidelines known to us as laws. These laws hold business leaders accountable for conducting business in an ethical manner and protect consumers from negligent practices imposed by a business. An example of these laws is Tort Law, which is a law that provides compensation for tortuous acts to an injured party or party’s property through a civil lawsuit (Cheeseman, 2010). Tort, defined as “a wrong”, is categorized by two components: Negligence Torts and Intentional Torts. The issue of a tort violation is a matter of the plaintiff proving his or her case or the defendant establishing a reasonable doubt that dismantles the plaintiff’s case. By using Alumina, Inc. as a point of reference, this paper will address how regulatory risks are identified and how they can be managed though preventive, detective and corrective measures. It will also concentrate on the torts and risks identified in the simulation and develop a plan that recognizes and minimizes the regulatory risks in this week’s simulation as well as those examined throughout the chapters in this week’s readings. Alumina, Inc., a four billion dollar United States based aluminum maker located along the borders of Lake Dira in Erehwon, is a manufacture of packaging materials, automotive components, bauxite mixing, alumina refining and aluminum smelting. It operates in eight countries...
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...NEGLIGENCE – DUTY AND PROXIMATE CAUSE STANDARD NEGLIGENCE Negligence is the most common tort liability. Contrasted with intentional torts where there is a desire by the actor to cause some harmful result, negligence occurs without a desire to cause a harmful result by contact, but nonetheless does cause harm to the person being injured even without the desire. Simply put, negligence is conduct, and not a state of mind. It usually is associated with accidents or carelessness. An accident may be unavoidable if the occurrence was not intended and which, under all the circumstances, could not have been foreseen or prevented by the exercise of “reasonable” precautions. The central premise of negligence is that we all are members of a collective society that depend on a social order for the good of the community and to promote commerce. How members of the social community conduct themselves will impact other members both for the good and sometimes for the bad. Essentially, this is a “limited duty” all members have to other members to be “reasonably” careful in their conduct to avoid injury to others. When the duty implicit in the circumstances is breached and injury to another occurs, the injured person may recover damages to compensate them for their harm by proving that the conduct of the person causing the harm was negligent. Negligence rules attempt to strike a balance between properly compensating people for their injuries and protecting society and its members from frivolous...
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...Synopsis of Tort Cases Team C: Michael Colschen, Christina Thomason, and Shawn Glover BUS/415 April 5, 2011 Carol De Muth, Facilitator Torts and Liability Torts arise when negligent activity by one individual to another individual results in injury or liability from the action. The negligent party owes a duty of responsibility to provide recourse in the form of reimbursement through monies or other court appointed determinations as restitution for the negligent act. Tort cases are mostly negligent acts that involve suits heard in civil court. Tort cases are brought forth by private citizens, whereas criminal acts involve prosecution by the government. The tort acts demonstrated in this scenario involve bodily harm from negligent acts, defamation of character, and negligence for safety, medical malpractice, and broken promissory note. Scenario One Synopsis The scenario one contains several torts that involve damage, injury, and wrongful acts that involve potential civil lawsuits for strict liability. The scenario begins with a Daniel and his eight year old son Reuben attending a football game. The quarterback receives an injury from a player on the opposing team. The quarterback could file a lawsuit against the opposing team member for the injury as an act of bodily harm but the defendants defense states a circumstance that comes with the occupation of playing football. The quarterback can file a workman’s compensation claim against...
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...Synopsis of Tort Cases Paper Introduction Monica Bertrand The purpose of this paper will be for Team B to analysis two scenarios and decide what tort actions were found in the two scenarios that we chose. The scenario’s that were chosen by team B is scenario two and four. Within this paper we will discuss what tort actions were found in each scenario, and decide who are the plaintiffs, and defendants. In this paper we will discuss the elements of the tort claim and how it constitutes the plaintiff’s claim and how it can be resolved. My portion for team paper bullets one through three Monica Bertrand In scenario two the setting is in an Italian restaurant where the owner will be sued for negligence. The tort action for starters would be negligence. Tort is a word that means wrong done, that an individual has committed knowingly or not or by strict liability. The plaintiff has a right to monetary gain for damages inflicted while the tort was committed. According to Cheese man 2010, “Tort laws provide remedial compensation for damages. Segment of tort laws includes intentional torts against persons, negligence found under unintentional torts, special negligence doctrines for professionals, and strict liability and product liability for manufacturers”. Within scenario two Anna along with the old lady and the customers that were trying to leave the restaurant are the plaintiff’s. Anna can sue the restaurant owner for negligence, because glass was found in her...
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...security. This paper will help to evaluate civil liability and how these liabilities are applied to private police forces. Another key element will be to identify and recommend certain measures that can be implemented to help mitigate organizational and institutional liability. Mitigating these liabilities will enable a larger return on investment for the business using these private security forces. Potential for Civil Liability Civil liability is considered the potential responsibility for payment to be assessed to an individual or organization that has incurred damages based on a lawsuit. There are several different factors that can determine the potential for liability based on certain tort laws that may be applied. A tort is considered to be a wrongful act that was committed that may result in compensation based on varying levels of proof and damages that are present. Rules, evidence, precedent, and judicial discretion all help to determine which category or tort law will be applicable. The elements and burden of evidence and proof can also vary from state to state, and can focus on different aspects of the damages or injuries caused. Types of Liabilities and Lawsuits There are three different types of tort laws that private officers and employers must understand effectively to mitigate as much potential liability as possible. Negligence is the most common type of tort, and consists of accidental or negligent act that created...
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...Introduction The most basic definition of tort law is a “civil wrong which can be redressed by awarding damages” (Cornell University, 2010). Through the following paper, this basis definition will be used to decide whether two cases, Haimes v. Temple University Hospital and Vandevender v. Sheetz, Inc. were frivolous and whether the outcomes were appropriate. Throughout this paper, eight questions will be applied to determine the merit of the two lawsuits. The eight questions are as follows: 1. What are the facts? 2. What are the issues? 3. What laws apply? 4. What did the judge and jury decide? 5. Did the judge and jury make the appropriate decision based on the applicable laws controlling the case? 6. What are the ethical issues in the cases? Do the ethical issues differ from the legal issues? 7. Based on the research could either one or both of these cases be considered frivolous? 8. How could the business owners have prevented the lawsuits? What advice can you give them for the future? Furthermore, by apply the eight questions above I will attempt to determine whether the two lawsuits were perfect examples of the issues facing the United States legal system and whether they characterize the ability to people to bring frivolous claims to light or whether they two lawsuits were unfairly made poster children for excessive rewards without full understanding of the facts of the case. What are the facts? Vandevender The facts presented in the Vandevender...
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...ERM Paper - Learning Team D ERM Paper - Learning Team D Maintaining effective and compliant business practices is an important part of any management strategy. As shown in the Business Regulation simulation; even one instance of increased liability can cause long-term concerns for a business. Each violation or perceived violation can open the business to questions of negligence and both legal and financial responsibility. To minimize these instances and create a business that has limited liability concerns it is important that management creates and maintains an effective risk management model for the business. Using the simulation provided, our team has identified legal issues and tort violations presented in this scenario, defined a process for managing risk factors, and identified relevant factors in determining what steps to take after a violation occurred. Legal Issues and Principles In the scenario presented Alumina had one Environmental Protection Agency (EPA) violation five years earlier for unacceptable levels of polycyclic aromatic hydrocarbons (PAHs) found in nearby Lake Dira. This contamination was found to have occurred as a direct effect of Alumina’s refining operations. PAHs are carcinogenic chemicals released during refining activities as “suspended particulate matter in the air” (Breast Cancer Fund, n.d.). The company complied fully with the EPA’s order to clean up the contamination as evidenced by a subsequent agency audit. As stated...
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