Tort Law Case
Questions for Barney

Barney, how long have you known the plaintiff? Have you lived next door to each other the entire time you have known one another?

How would you describe your relationship with the plaintiff? Has it been consistently the same over the years, or has it changed? Would you characterize it as friendly, perhaps even as a friendship or a close friendship?

Have you and the plaintiff every had any problems or disagreements in your relationship prior to the incident for which we are here in court?

Do you socialize with the plaintiff? How often do you socialize with the plaintiff and what kinds of things do you do when you socialize together? Do your families accompany you when you socialize, is it just the two of you together, or does it vary?

How often has the plaintiff borrowed your riding lawn mower since you have known one another? Does the…...

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References

Green, Sarah and Randall, John. (2009) The Tort of Conversion. Portland: Hart Publishing.

Statsky, William P. (2000) Essentials of Torts. Albany: West Legal Studies.

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 including:
(1) Negligence;

(2) Intentional; and (3) Strict liability torts. (Investopedia, 2013, p.1)

Description of Different Types of Torts

Negligent torts relate to harms done by one person to another in terms of their failing to exercise what is known as a reasonable standard of care and specifically such as accidents that occur due to carelessness. Intentional torts are such that involve willful misconduct on the part of an individual and strict liability torts are such that are not concerned with the…...

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Works Cited

Levmore, S., et al. (2012) Foundations of Tort Law. 2nd Ed. Retrieved from:  http://www.lexisnexis.com/store/catalog/booktemplate/productdetail.jsp?pageName=relatedProducts&prodId=prod16430764 

Tort Law (2013) Investopedia. Retrieved from:  http://www.investopedia.com/terms/t/tort-law.asp 

Vetri, D., et al. (2011) Tort Law and Practice. LexisNexis Law School Publishing Advisory Board. Retrieved from:  http://www.amazon.com/Tort-Law-Practice-Dominick-Vetri/dp/1422483487

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, however, if the product had not been recalled immediately after the CPSC received its initial complaint, the manufacturer would have been liable for the eventual drowning deaths of those who unwittingly use the faulty product. According to the American system of tort law, a duty of care is a legal obligation which is imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. In many instances, consumers…...

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References

CPSC. U.S. Consumer Product Safety Commission, (2013). Trident diving equipment recalls high-pressure scuba diving air hoses due to drowning hazard (Recall date: APRIL 18, 2013 Recall number: 13-174). Retrieved from Government Printing Office website:   Scuba-Diving-Air-Hoses/http://www.cpsc.gov/en/Recalls/2013/Trident-Diving-Equipment-Recalls-High-Pressure -

"
The Encarta dictionary also uses "force" in this context: "To create something, such as a way through something, using physical strength or another kind of power." In Courtney's case, his power was smooth deception. His polite mannerisms, his seeming grace, his expensive clothes, his high-toned office and expensive homes and generosity to the church -- all these things created a very believable deception, that can be seen as "another kind of power."

ho was impacted by Courtney's actions? Some of the patients included Mary Ann Rhodes, Delia Chelston, among 4,200 others. His actions also impacted about 400 doctors, who had sent patient to Courtney with prescriptions for cancer-fighting medications. All the patients that were buying cancer-fighting drugs from him were greatly impacted by his actions, along with the families of the patients he fooled. The families were surely hoping that these expensive drugs would cure or at least help in some…...

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Works Cited

Draper, Robert. (2003). The Toxic Pharmacist. The New York Times. Retrieved August 6, 2011,

from  http://www.nytimes.com .

Encarta World English Dictionary (2011). Force. Retrieved August 7, 2011, from Microsoft

Word Software.

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 caused the smoke inhalation and burn injuries to the patrons. People panicking and running to get through the revolving door caused a tort action when the old lady got trampled and injured. Another tort action took place when Anna was taken to surgery, mistaken as another patient, and suffered an inappropriate amputation. The restaurant only having a revolving door and no other exit for the patrons to escape the fire could also be another tort action against the restaurant because…...

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Bibliography

Elements of Negligence. (n.d.). Retrieved from Docstoc: http://www.docstoc.com/docs/1046265/Elements-of-Negligence

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 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…...

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References

The history of EMTALA. (2000). Retrieved from August 7, 2011.http://emtala.com/history.htm

Comparative negligence. Retrieved from  http://www.answers.com/topic/comparative-negligence 

August 7, 2011.

Joint and several liability. (n.d.). West's Encyclopedia of American Law. Retrieved August 07, 2011,

tort law, including the pros and cons of tort law and the importance of tort law in business environments. In addition the paper will investigate the potential effects of tort reform, and review cases related to tort law, and how it may affect American businesses and consumers. Tort law is an important issue to explore because it relates to the issues of product liability, negligence and financial gain or loss. Today businesses pay out millions of dollars in claims resulting from product liability, manufacturing problems, and losses pertaining to injuries resulting from these claims. The highest payouts typically result from claims arising from physical and emotional distress. If a company can establish a standard for evaluating the seriousness of physical and emotional injury, and limit the liability associated with such claims, they can limit the amount of economic impact associated with tort claims now and into the future.
Overview Tort…...

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References:

Eisenbrey, Ross. (2005 May). "The frivolous case for tort law change: Opponents of the legal system exaggerates its costs, ignore its benefits." Economic Policy Institute, Research and Ideas for Shared Prosperity. Retrieved July 22, 2011:  http://www.epi.org/publications/entry/bp157/ 

Giampapa, Christopher. (2010). "Economic Analysis of Alternative Standards of Liability in Accident Law." The Bridge, Retrieved July 22, 2011:  http://cyber.law.harvard.edu/bridge/LawEconomics/neg-liab.htm 

Green, Michael D. & Steward, Larry S. (2010 April). "The New Restatement's Top 10 Tort

Tools, at 44. Retrieved July 22, 2011:  http://www.uschamber.com/reports/new-restatement-blunting-potentially-dangerous-trial-lawyer-weapon

Austalian Tot Law on Wilkinson v Downton
Talk about whethe o not the tigge of action in Wilkinson v Downton povides a viable emedy to victims of intentionally inflicted psychiatic ham in Austalia these days.

The Wilkinson v Downton judgment ceated a consideable fame of juispudence not only in England, but additionally within Ameica, as well, dealing with claims elating to "outageous as well as exteme conduct delibeately o pehaps ecklessly leading to seious emotional and psychological distess to anothe individual" (Simmons, 2007; 719). In Austalia, howeve, Latham CJ while in Bunyan v Jodan acknowledged that in case an individual "intentionally pefoms an action, of a type, measued to induce bodily ham ... And then actually causes bodily ham to that paticula individual, he is cetainly accountable in damages (Simmons, 2007; 719)." It was held that "measued" meant objectively most likely to manifest. Latham CJ pointed out the text in Wilkinson that…...

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references

Annetts v Australian Stations Pty Ltd. (2002) 211 CLR 317

Bunyan v Jordan [1937] HCA 5; (1937) 57 CLR 1; (1936) 36 SR (NSW) 350

Carrier v Bonham (2001) QCA 234; (2002) 1 Qd R. 474

Chester v Council of Municipality of Waverley (1939) 62 CLR 1

Tort Law
One recent case of medical malpractice settled under tort law was that of Larkin v Dedham Medical Associates, which was concluded in 2015 in Norfolk Superior Court in Massachusetts. In this case, Larkin suffered a stroke hours after giving birth, and was paralyzed from the waist down as a result of this stroke.

Prior to the stroke, Larkin has run in the Boston Marathon, but suffered dizzy spells thereafter, and was admitted to Dedham Medical Associates with those symptoms. At this time, she was given MI and CAT scans, which showed brain abnormalities. As such, Dedham was required to put Larkin on a "special list of patients with certain medical conditions that other doctors can access" (Andersen, 2015). However, her name was not put into this database. As such, her obstetrician was not aware of her brain issues. Had this information been known, Larkin would have been given a caesarian…...

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References

Andersen, R. (2015). 7 years after stroke, paralyzed woman awarded $35 m. Boston Globe. Retrieved April 6, 2016 from  https://www.bostonglobe.com/metro/2015/05/07/walpole-woman-awarded-million-medical-malpractice-case-lawyer-says/yxUOo2yzRNBZtVOzZSdvjL/story.html 

VerdictSearch.com (2016). Suit: Doctor's failure to report brain abnormality led to stroke. VerdictSearch.com. Retrieved April 6, 2016 from  http://verdictsearch.com/verdict/suit-doctors-failure-to-report-brain-abnormality-led-to-stroke/

In a somewhat clandestinely released report prepared for the Department of Energy, Advanced Resources International measures the economic effects of the regulations recommended by environmental groups." (Loris, 1) This type of willful hostility toward the environmental movement, ironically, provides as explicit a case for the use of hard-and-fast regulatory standards for the administration of industry practices as any form of advocacy, demonstrating the extent to which these entities will go to undermine efforts at protection.
The fundamental weakness of regulation in its current form is its susceptibility to manipulation. Such modes as the provision of emission credits literally allows companies to make an active decision regarding the economic implications of tax credits and penalties. It is rare that such a company will resolve that it would be benefited by reducing its emissions. Most companies instead tend to find that it is more worthwhile to absorb the cost of penalty or…...

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Works Cited

Demmke, C. (2001). Towards Effective Environmental Regulation: Innovative Approaches in Implementing and Enforcing European Environmental Law and Policy. NYU School of Law.

Edwards, S. (1995). Environmental Crime and Criminality: Theoretical and Practical Issues. Routledge.

Findlaw. (2008). Environmental & Toxic Tort Litigation. Hornblower, Manning, Ward,

Harrison, Venecia & Rodriguez Law Partners. Online at http://www.hmwpc.com/PracticeAreas/Environmental-Toxic-Tort-Litigation.asp

Civil Law
Tort Law

Tort law deals with causing personal injury or harm to another in a non-criminal manner. Negligence is the most often cause for violations of tort law. Private security officers need to understand this concept due to the unique nature of their job. Negligence can be claimed if reasonable care is not taken by the officer in the course of his duties. As an authority figure, reasonable care is to be expected to be higher for this particular occupation.

Property Law

Private security officers are often asked to protect valuable property for their clients and customers. Property laws deal with ownership of tangible and sometimes intangible things. Property seems hard to classify at times due to the shifting notions of ownership, however officers need to understand the concept of ownership and what is to be protected in the course of their duties.

Contract and usiness Law

Contracts and business laws affect private security…...

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Bibliography

Encyclopedia Britannica. "Civil Law. " Viewed on 10 June 2011. Retrieved from  http://www.britannica.com/EBchecked/topic/119262/civil-law 

Scarry, L. (2006). Moonlighting & civil liability. Lawofficer Webpage. Viewed on 10 June 2011. Retrieved from   liabilityhttp://www.lawofficer.com/article/magazine-feature/moonlighting-civil -

The tort law reforms proposed at the national public liability summit in 2002 were described in a letter read into the record as being "a sensible mechanism for ensuring small businesses and community organisations can remain in operation and access public liability insurance. They are part of a range of practical measures to deal with this issue" (Commonwealth of Australia Parliamentary Debates 2002, p. 2900). The point was also brought out during the national public liability summit that there needs to be a national uniform approach to the adjudication of tort laws given the different approaches being implemented by the several states (Commonwealth of Australia Parliamentary Debates 2002, p. 2905). This need was echoed by the editors of Defense Counsel Journal the eview who recommended ". . . that uniform, or at least very similar, legislation be enacted in each jurisdiction. This may well be a forlorn hope, given that…...

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References

Clark, S.S. & Harris, C. 2005 'Tort Law Reform in Australia: Fundamental and Potentially Far-reaching Change.' Defense Counsel Journal, vol. 72, no. 1, pp. 16-17.

Commonwealth of Australia Parliamentary Debates: House of Representatives Official

Hansard. 2002, November 7 Fortieth Parliament, First Session, Second Period.

'Tort Law Reform Steaming in Australia.' 2002 Defense Counsel Journal, vol. 69, no. 4, pp.

Harriet Rose, etc., respondent, v Jonathan Zinberg, etc., appellant, et al., defendants (2015 NY Slip OP 04302 (N.Y. App. Div. 2015) (Casetext, Inc., 2015), a New York medical malpractice case for wrongful death based on delayed diagnosis. Bennett Rose, the decedent, had 3 colonoscopies on: January 3, 2003; December 14, 2006; and October 11, 2007. In each case, Rose had polyps that were removed but the diagnosis was that there was no cancer. Two months after the 2007 colonoscopy, Rose, who was 72 years old, began feeling abnormally weak and tired. He was diagnosed with anemia, received hemoglobin transfusions at the hospital and felt better. The anemia returned and another colonoscopy on April 28, 2007 showed a large 8-centimeter cancerous tumor in his ascending colon that had already metastasized to his liver. At that time, he was diagnosed with cecal carcinoma and died from it on July 15, 2009.
Rose's…...

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Works Cited

Casetext, Inc. (2015). Rose v. Zinberg. Retrieved from casetext.com:  https://casetext.com/case/rose-v-zinberg 

Lillie-Blanton, M., Maleque, S., & Miller, W. (2008). Reducing racial, ethnic, and socioeconomic disparities in health care: Opportunities in national health reform. Journal of Law, Medicine & Ethics, 36(4), 693-702.

Pirruccello, J. E. (2005). Contingent worker protection from client company discrimination: Statutory coverage, gaps, and the role of the common law. Texas Law Review, 84(1), 191-223.

Rothstein, M. A. (2015). Limiting occupational medical evaluations under the Americans with disabilities act and the genetic information nondiscrimination act. Amercian Journal of Law and Medicine, 41(4), 523-567.

Tort In common law, a tort is a civic wrong that causes a plaintiff to suffer harm or loss which results in legal liability for the individual (defendant) who committed the tortious act. The goal of filing a tort claim is to receive a private civil remedy or monetary compensation for the tort action. In essence, a claim for a tort action seeks to obtain remedy or compensation for purposeful infliction of negligence, injuries, emotional distress, invasion of privacy, and financial losses. There are different kinds of tort claims including intentional torts, negligent actions, miscellaneous torts, product liability issues, and strict liability. However, for an individual to win a tort claim, he/she must adequately prove that all aspects of the tort law were committed. In this scenario, there are some individuals who could file a claim for a tort action.
Tim (plaintiff) has a claim of tort action against the man who…...

Aviation Law: Reflective Diary ExerciseWord Count: 900Part 1:ReflectionThe topic covered in the modules is tort law. I found this topic very interesting since it is more interested in compensating the wronged individuals rather than punishing the perpetrator of the wrong. I believe this is interesting because it is out of the norm of the customary law, which is more concerned with punishing the offender ( Module 3a). What I like about this law is the compensation aspect which places an individual in a better position to afford the necessary medical help or any form of help they may not have to afford. It also helps them recover from any losses they may have incurred, significantly impacting their families. Thus, it helps put safety before any gain by employers. Thus, it helps in preserving the quality of life.However, the compensation aspect also comes as a challenge, which I dont like about…...

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References

Administrative Appeals Tribunal. (2003). Decision and Reasons for Decision (2003) AATA 1357.

Donoghue v Stevenson. (1932). UKHL 100.

Module 3a. Aviation Law: Tort Law

In 1998, the Human Rights Act was enacted in the United Kingdom with the aim of incorporating the European Convention on Human Rights into domestic law. According to Stevens (2007), the Human Rights Act may be considered the most pivotal "tort statute" ever enacted, reflecting its significant impact on the legal landscape. This essay will assess the accuracy of this assertion by examining the influence of the Human Rights Act on negligence actions and exploring the implications of its implementation for individuals seeking redress for violations of their human rights.
In considering whether the Human Rights Act is truly the most....

The Human Rights Act 1998: A Comprehensive Tort Statute
The Human Rights Act 1998 (HRA) is a landmark piece of legislation that has profoundly impacted the legal landscape in the United Kingdom. It has been hailed as the most significant tort statute ever enacted, revolutionizing the way human rights are protected and enforced within the domestic legal system.
Statutory Provisions and Incorporation of the European Convention on Human Rights
The HRA incorporates the European Convention on Human Rights (ECHR) into UK law. It provides courts with the power to interpret and apply the ECHR in adjudicating cases, creating a direct connection between domestic....