Tort
- Submitted by: Rikkie
- Views: 459
- Category: Politics: Political Science
- Date Submitted: 08/27/2012 10:01 PM
- Pages: 3
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Introduction
Negligence is characterized as “conduct that falls below the level reasonably necessary to protect others against significant risks of harm” (Mallor, Barnes, Bowers, & Langvardt, 2010, pp. 206). It is a common claim with injury lawsuits (Larson, 2003). To evaluate negligence, the plaintiff must that prove that “(1) the defendant owned a duty to the plaintiff; (2) the defendant violated that duty; (3) the defendant’s violation was the proximate cause of the injury to the plaintiff” (Mallor, Barnes, Bowers, & Langvardt, 2010, pp. 206). The elements of a negligent tort are vital in the court of law (Larson, 2003). Without all of the elements of a negligent tort met, negligence is unable to be proven (Larson, 2003).
Duty
The first step is to prove the plaintiff was owed a duty from the defendant and that duty was breached ("Elements of a,"). “Such a duty arises when the law recognizes a relationship between the defendant and the plaintiff, and due to this relationship, the defendant is obligated to act in a certain manner toward the plaintiff” ("Elements of a,”). For example, a teacher has a duty to their students, a doctor has a duty to their patients, and an employer has a duty to their employees. If a golfer is hitting balls on the golf course and the wind picks it up and the golf ball hits a random person walking around the golf course, then the golfer may not have had a duty to the random person. Alternately, if the golfer is hitting balls in their neighborhood at home and a random person walking around the neighborhood gets hit with the golf ball, then the golf may have had a duty to the random person.
Proximate Cause
“Proximate cause exists where the plaintiff is injured as the result of negligent conduct, and the plaintiff’s injury must have been a natural and probable result of the negligent conduct” (Larson, 2003). Although many proximate causes can contribute to the injury of the plaintiff, only the ones...
Negligence is characterized as “conduct that falls below the level reasonably necessary to protect others against significant risks of harm” (Mallor, Barnes, Bowers, & Langvardt, 2010, pp. 206). It is a common claim with injury lawsuits (Larson, 2003). To evaluate negligence, the plaintiff must that prove that “(1) the defendant owned a duty to the plaintiff; (2) the defendant violated that duty; (3) the defendant’s violation was the proximate cause of the injury to the plaintiff” (Mallor, Barnes, Bowers, & Langvardt, 2010, pp. 206). The elements of a negligent tort are vital in the court of law (Larson, 2003). Without all of the elements of a negligent tort met, negligence is unable to be proven (Larson, 2003).
Duty
The first step is to prove the plaintiff was owed a duty from the defendant and that duty was breached ("Elements of a,"). “Such a duty arises when the law recognizes a relationship between the defendant and the plaintiff, and due to this relationship, the defendant is obligated to act in a certain manner toward the plaintiff” ("Elements of a,”). For example, a teacher has a duty to their students, a doctor has a duty to their patients, and an employer has a duty to their employees. If a golfer is hitting balls on the golf course and the wind picks it up and the golf ball hits a random person walking around the golf course, then the golfer may not have had a duty to the random person. Alternately, if the golfer is hitting balls in their neighborhood at home and a random person walking around the neighborhood gets hit with the golf ball, then the golf may have had a duty to the random person.
Proximate Cause
“Proximate cause exists where the plaintiff is injured as the result of negligent conduct, and the plaintiff’s injury must have been a natural and probable result of the negligent conduct” (Larson, 2003). Although many proximate causes can contribute to the injury of the plaintiff, only the ones...