"Cause" is the next element needed for a successful negligence suit, but this is probably the most intricate element involved. The first aspect of "cause" is known as "cause in fact," and involves demonstrating that the defendant's actions, or lack of action, actually caused the harm suffered by the plaintiff. For example, the patient in the case actually suffered paralysis as a result of the surgery. It must be pointed out that the surgeon involved did not perform the surgery ineffectively but that the chance of paralysis was a possible outcome of a successful surgery. In other words, the negligence was not the surgeon's technique but the failure to inform the patient of the possible outcomes of even a successful surgery. This type of "cause" is known as "proximate cause," or the defendant's failure to foresee the harms that may result through their actions. In this case, the doctor failed to inform the patient that one of the foreseeable outcomes of the surgery was paralysis.
Finally, the plaintiff in a successful negligence case must demonstrate legally...
Tort Law and Trident Diving Company An item that has been recently recalled by the CPSC is the line of High-Pressure Scuba Diving Air Hoses manufactured by Trident Diving Equipment. In this instance, the item has the propensity to cause drowning in those who use it even when properly installed. Trident has received one report of the hose leaking. No injuries have been reported due to the use of this product,
Negligence Torts, Duty of Care and Available Remedies People commit torts all the time, intentionally and unintentionally, and many of these are dismissed, excused, ignored or otherwise allowed to transpire without resorting to litigation for remedies. For instance, if someone's foot is stepped on a couple of times in a crowded elevator, it may be a tort but it also may not be a big deal. In some cases, though, the
Tort law relates to the majority of all lawsuits in Civil Courtrooms. In fact, nearly every claim that is set in civil court except for contractual disputes is under the heading of tort law. Tort law is used to address a wrong a person has done to another person and generally involves the award of monetary damages to compensate for the wrong done to them. There are three types of
Tort Law The tort actions in this case would be the glass in the food that started the event in the first place. The other waiter caused a tort action when he spun into Anna's waiter causing him to be burned with the flaming dish. Anna's waiter would have caused another tort action by throwing the flaming apron and causing a table cloth to be caught on fire as well. This
There are many in this case that should be taken to court in different capacities as liable parties. The school should be considered liable from the standpoint of not having the school grounds locked down during periods of time when the school is closed or they should have someone patrolling the grounds. The school is also responsible for checking the workmanship of the playground equipment and seeing if it is
Negligence Tort Case Review In 1981 Dula McCarty, while staying at the Pheasant Run Lodge, was attacked in her room. The intruder had gained access to her room through a sliding glass door that was lock but had a small safety chain attached. While Mrs. McCarty was out for dinner the intruder, who was never caught, pried open the sliding door, cut through the small chain, entered the room and attacked
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now