Negligence and Respondeat Superior: Should Employers be Held Responsible for Employee Negligence?
Negligence
"A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances" (West, 2008). To establish a claim of negligence, a plaintiff has to establish four elements: duty of care, breach of duty, factual causation, and damages (Berry, Sahradnik, Kotzas, & Benson, 2013). The duty of care element means that, even if a person failed to act with reasonable care, he cannot be held liable in a negligence action unless he owed a duty to the plaintiff. However, a person is generally "under a duty to all persons at all times to exercise reasonable care for their physical safety and the safety of their property" (West, 2008). The breach of duty requires that the person fail to act as a reasonable person would have in that same situation. In some states and some circumstances, how a reasonable person would act is defined by statute or informed by other statutes. Factual causation means that the injury or damage must have been the result of...
Negligence Claim and the Doctrine of Respondeat Superior The situation at Don and his wife barbeque party is an example of a negligence and product liability case that resulted in significant burns on John's body. While Don was did not know that the can of lighter fluid had several leaks, his actions and their consequences make him liable for negligence. In addition, the lighter fluid maker is liable for the product
Mitchell. The left arm of the child had to be amputated because of the unsuccessful vascular operation. According to the court session, there was a question to be answered in relation to the agency theory in determining the role of Dr. Williams in this encounter (Tenn Ct App 1970). The article also focuses on reviewing the case of Edmands v. Chamberlain Memorial Hospital in the context of 1978. The case
(Regan & Regan, 2002) All the health care workers are surely part of some form of administration or a unit. Contrastingly, this law will not be applied to private practices because in those cases, only the direct health care worker is considered responsible. This brings us to the idea of shared responsibility of a certain situation. This doctrine can be applied to the administration because at the end of
Healthcare Legal Legal Aspects of Health Care Administration Please answer the question below: Give and support two arguments for and two arguments against Euthanasia. (Note: Pages 430 to 433 in Pozgar's textbook will provide some background on the issue). In modern medical practice the meaning of euthanasia is an action that assists dying in someone who has requested it and countries such as Belgium, where it is a legal practice, require that the person
"When a court strikes a contract provision for unconscionability it is declaring that provision is so unfair or oppressive that the court will refuse to enforce it." (Gillespie, 2007). The Thirteenth Amendment to the United States Constitution provides that, "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to
Employment Discrimination and Globalization Entity type and location. This business start-up, registered as Sexy Shoes for Her, Inc., is a single-member Limited Liability Company taxed as a corporation (IRS, 2011). All stock is held by the principle and by members of the principle's immediate and extended family, such that, even though the firm is not a corporation, its membership resembles that of a closely-held corporation. The organization process has been completed,
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