Negligent Tort

Only available on StudyMode
  • Download(s) : 81
  • Published : April 29, 2013
Open Document
Text Preview
Negligent Tort
Catherine Kelly
BUS670: Legal Environment
Instructor Troy Tureau
October 24, 2011

Negligent Tort
Introduction
Along with the developing industries in the 19th century, came more injuries; since these injuries did not fall under the category of intentional tort, the courts enforced the law of negligence (Weil, N., & McMillan, R., 2003). This paper will provide a brief overview of negligent tort and the various remedies for a finding of tort liability. Negligent Tort

The elements of a negligent claim include that the defendant owed a duty and breached that duty and that the actual cause of injury was due to this breach of duty (Weil, N., & McMillan, R., 2003). When courts are evaluating negligent cases, they evaluate the circumstances on the basis of what a “reasonable person” would do or “reasonable care” that should have been taken. For example, if a tenant’s lease states that the landlord is responsible for maintain the sidewalks and steps and snow removal, and the tenant slipped fell on the sidewalk and broke his/her arm due to the ice on the sidewalk, the tenant would have a good chance of winning a negligent case against his/her landlord (defendant). The landlord had a duty to keep the sidewalks clear, and breached that duty by allowing the sidewalk to get covered in ice. Since this breach of duty was the cause for the injury, I would say the plaintiff (tenant) could have a chance at winning this case. Proximate Cause

When evaluating negligent case injuries, courts will look at the injuries and decide if they accident was the proximate cause for the injuries that are being stated occurred due to the negligence. For example, in the case above, if the plaintiff was stating that he/she broke her toe due to the incident, that is more than likely not the case. Some plaintiffs may try to get medical costs covered from a previous injury that was not related to the accident, so that is why the courts look at proximate cause....
tracking img