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 safe for children to play on or with. The fact that the rim of the basketball goal is several feet high doesn't negate the fact that children will find a way to get up there and the equipment should have been checked by the school to see if it was safe. The company that installed the playground equipment should also be liable because they obviously did not check the equipment to see if it was safe. When Bobby arrived at the hospital, he should have been immediately taken care of, regardless of whether or not he had insurance or not. The nurse did not know whether he had insurance and I realize that she could not do any type of invasive care without consent of the parent, but she should have at least put him in a bed and monitored him instead of expecting an young boy who was probably in shock from blood loss, let alone the actual accident be responsible for taking care of himself. I am quite sure that there were more than one nurse on duty and one could have monitored Bobby while the other nurse or other staff located his mother. The fact that they waited...
Once he was sent to surgery, the surgeon was responsible to make sure that the correct hand was removed and there was no excuse for this error. At the very least the correct hand should have been marked in some way.
Claudio did not have to let them in since they lacked the proper warrants State Immigration Department acted without warrants Without obtaining the requisite warrants, they had come into the restaurant, stationed an official at each door, barred exit from exiting and began interrogating Ricardo in the kitchen. Ricardo in the kitchen. In fact, Ricardo was on a valid working holiday visa. Ricardo would likely have a possible recourse
However, Erin Brockovich the movie has a very different ending than the actual civil action under tort law brought against California's Pacific Gas and Electric Co. The Hollywood ending would have been preferable, however life is just not that simple and a tort law case against such a company is really a long, tiring legal battle. The 1993 legal dispute from Hinkley was resolved by arbitrage and at first
However, this aspect of tort law does not apply equally to all areas of tort law. For example, under theories of intentional infliction of emotional distress, a tortfeasor's behavior has to shock the conscience of the court. That a particular victim is particularly sensitive does not increase a tortfeasor's liability. Finally, tort law does not always involve one wrongdoer and one victim. In fact, both parties can have some liability
Some legislators believe that such suits encourage companies to ensure that there products are safe. Other law makers, however, believe that such suits are excessive and can prevent companies from being able to recover. Another form of tort reform that as been suggested is known as "loser pays. This type of legislation is based on the English Rule (Protecting Firestone and Ford Federal Tort Reform). This particular proposal would force
Law and Ethics in the Business Environment RIGHT FROM WRONG Business Ethics and the Law Business law fixes the minimum standards of behavior for businesses (Bramble, 2013). Enforcing these laws generally consists of fines involved in the exercise of trade and commerce. Criminal accountabilities must be proven in the appropriate court of law through evidence. Even when found culpable, a business can only be fined as a penalty. But business ethics exceeds simple
This provision is based on the rationale that general damages do not represent financial loss to the injured person. A number of changes have also been made to the law in respect to assessment of damages for past and future economic loss. 4. The maximum amount of damages for economic loss due to loss of earnings or the deprivation or impairment of earning capacity is fixed at a rate of
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