Preview

Daniel Boone Negligence Case

Powerful Essays
Open Document
Open Document
1432 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Daniel Boone Negligence Case
Case D, which discusses the malfunctioning of a component of a Zoom car, presents an issue common in the business world today. While product liability cases are not uncommon, successful cases for the plaintiffs often involve them having to prove many aspects of negligence and product liability – primarily duty of care, actual and proximate cause, and proof that the defendant is directly at fault for the plaintiff’s injuries. Because the doctrine of strict liability likely applies in this case, Daniel Boone does not need to prove that Zoom breached a duty of care, only that his injuries were a result of Zoom’s actions or negligence. The dispute in Case D between Daniel Boone, the plaintiff, and Zoom Car Company, the defendant, brings up several …show more content…
In relation to the compass malfunctioning, the event that Boone got dragged out of his car and injured was not a foreseeable result – in other words Boone getting beaten is an unforeseeable result of a compass not working. According to the text, “a negligent party who is found to be the actual cause – but not the proximate cause – of the plaintiff’s injuries is not liable to the plaintiff.” Zoom should not be held liable for “all damages set in motion” by its negligent act, and in this case, it seems that getting dragged from a car and beaten as a result of a faulty compass is too far down the cause and effect chain to be a proximate cause of the negligent act. In this sense, there was no way for Zoom to have been able to predict that a faulty compass could lead to someone getting beaten up in a high crime area. In addition, in reference to the risk-utility analysis, there was no indication in the case that the defendant was aware of statistics that the particular brand of compass was faulty. They did not install the compass knowing that it was likely for the component to malfunction, nor did there appear to be a profit/market share motive in Zoom installing the component in their cars, unlike the Lakin v. Senco Products, Inc. case. Hence, the defect in design argument that Boone may have presented would be insufficient for him to win the

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Culpepper V. Weihrauch KG

    • 515 Words
    • 3 Pages

    On August 12, 1996, Plaintiff, Ann Culpepper, filled action against defendant, Hermann Weihrauch KG, ETC., seeking damages for injuries she sustained after an accidental shooting from the gun she owned that was manufactured by Weihrauch. Ann Culpepper imposed liability on Weihrauch under the Alabama Extended Manufacturer’s Liability Doctrine of 1979. This doctrine provides liability “if a company manufactured, designed or sold a defective product, which by unreasonably unsafe conditions, injured someone or damaged their property when such product, unaltered, was put to its intended use.”…

    • 515 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Description: Terry Fedrick appeals from a take nothing judgment following a bench trial. In one issue, Fedrick argues that he was entitled to a judgment as a matter of law in light of factual findings made by the trial court. We affirm. * * * Fedrick is a truck driver, and he owns a commercial truck manufactured in 1994. The truck apparently developed a short circuit in the wiring and caught fire while it was parked outside Fedrick's home. Fedrick was able to extinguish the fire, and had the truck towed to Nichols's repair facility. Nichols agreed to attempt to repair the truck. One of his employees began the repair job, but could not complete the repair because a part had not yet arrived. The truck was parked outside Nichols's facility overnight when it caught fire again and was burned beyond…

    • 691 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Smith filed a complaint in trial court claiming that the store was negligent with maintaining safety of their store. She is seeking damages for injuries that she suffered from the fall. The store claims that Smith is just as much at fault as they are and that she was not paying attention to where she was walking because she was too distracted by her child.…

    • 530 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    David D. Kervin Case

    • 84 Words
    • 1 Page

    The Law Office of David D. Kervin, Jr. is a personal injury law firm that is located in New Orleans, Louisiana. Their practice areas include personal injury, vehicle accident, wrongful death, medical malpractice, and environmental torts. The Law Office of David D. Kervin, Jr. covers the areas of various types of injuries involving work-related injuries, offshore accidents, serious injuries due to dangerous or defective products, car accidents, motorcycle accidents, and truck accidents. The Law Office of David D. Kervin, Jr. offers a free consultation.…

    • 84 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The Dustin Soldano v. Howard O’Daniels case models the common dispute between negligence and a party’s responsibility in an event. Likewise, chapter 1 of the Legal Environment textbook features Kuehn v. Pub Zone, a case that demonstrates a different scenario but the same battle of negligence and liability. The commonalities between the two cases support one another in the demonstration of the judges’ decisions as well as contribute to later common law.…

    • 691 Words
    • 3 Pages
    Good Essays
  • Good Essays

    "In determining whether liability exists under a duty-risk analysis, a plaintiff must prove that the conduct in question was the cause-in-fact of the resulting harm, that [the] defendant owed a duty to [the] plaintiff which [the] defendant breached and that the risk of harm was within the scope of protection afforded by the duty breached." The court used a different set of principles to determine DOTD’s liability. “The plaintiff bears the burden of showing that: (1) the DOTD had custody of the thing that caused the plaintiff's injuries or damages; (2) the thing was defective because it had a condition that created an unreasonable risk of harm; (3) the DOTD had actual or constructive knowledge of the defect and did not take corrective measures within a reasonable time; and (4) the defect in the thing was a cause-in-fact of the plaintiff's…

    • 569 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Johnson Negligence Case

    • 237 Words
    • 1 Page

    What was it that triggered Johnson’s necessity for a lawyer in addition to his representation by his insurance carrier’s lawyer (Thomas)? In other words, why did Johnson have to hire Comfort?…

    • 237 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Mr. Class V.: Case Study

    • 1180 Words
    • 5 Pages

    (#4-7) According to the case, the plaintiff should not be held as semi liable for his injuries while attending the Daytona International Speedway. My client should receive a decision in his favor because NASCAR and the Daytona International Speedway were and are negligent in how races are conducted, the design of the speedway, and the lack of safety barriers to protect spectators, such as my client, from being severely injured during an event. There were several issues that NASCAR and the Daytona International Speedway are responsible for that resulted in the traumatic injury my client sustained. According to my client the numerous problems that resulted in the plaintiff’s injuries are:…

    • 1180 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    The plaintiff is more than 50% negligent for his own injuries because he was not wearing a helmet therefore comparative negligence applies. To support the claim that the defendant was not wearing a helmet I believe that the seatbelt safety law can be presented to support the claim. Augst 2nd, 1985 the case of Hukill v. DiGregorio the court deemed the supporting claim of seatbelt as inadmissible based on the fact that seatbelts were not mandatory. In present day law not only in Illinois but throughout the entire United States failure to use your seatbelt is considered breaking the law and imposes a fine or citation for motorists who are caught not wearing the seatbelts. Based on the mandatory seatbelt for motorist presentation of such claim will make a strong defense for our client.…

    • 518 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The case established negligence as a wrongful act for which there was a legal liability.…

    • 1233 Words
    • 5 Pages
    Good Essays
  • Better Essays

    Negligence Case

    • 1005 Words
    • 5 Pages

    . Identify and explain the four elements of proof necessary for a plaintiff to prove a…

    • 1005 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Imagine this if you will, you are following your compass in an area you are unfamiliar with when all of a sudden an armed gunman drags you out of the safety of your car to the middle of the street where he and his friends violently strike you over and over. After they finally stop hitting and kicking you, you lay there in pain, bleeding, and not knowing where you are or if anyone if coming to help you ask yourself “Why did this happen to me?” Mr. Boone doesn’t realize at first that turning left instead of right was going to lead him to the fate. He only doesn’t second guess the brand newly installed compass, on his brand new dashboard, of his brand new car. Who would honestly think that something practically out of the box could cause such disaster? Sure, he noticed the neighborhood he was heading into wasn’t all the “savory” but he was not familiar with the city! The fact is that if the compass was in proper working order we would not be arguing this case here today. Mr. Boone would not have been badly beaten and out of work for 20 days because of it, his family would not have had to face the fears of getting a call in the middle of the night about their loved one. As the Plaintiff, Mr. Boone does not have to prove the equipment was…

    • 1068 Words
    • 5 Pages
    Good Essays
  • Better Essays

    Product Liability

    • 2251 Words
    • 10 Pages

    Consumers use a variety of products on a daily basis to assist them in accomplishing a task or completing a project and they expect the product to be properly designed and safe to use. However, in the event that a product is defective and causes injury to the person using it, the manufacturer may be liable for the injury and have to compensate the injured person (s). Companies that manufacture products need to be sure they are doing all within their power to assemble products that are free of defects that could accidentally cause harm and cost the company. Product liability is the responsibility of manufacturers, distributors and sellers of products to the public, to deliver products free of defects which harm an individual or numerous persons and to make good on that responsibility if their products are defective (Product Liability, 2011). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned or given, are the subjects of products liability suits (Product Liability Law). Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based. If a person(s) is injured while properly using a product that is defective, they have a right to file a claim against the company that would be titled a product liability lawsuit. However, in order to prevail on a product liability claim, the product complained of must be shown to be defective (Product Liability Law, 2011). A defective product causes injury or damage to a person or a person's property because of some defect in the product, its labeling or the manner in which the product was used. There are three types of product defects that incur liability in manufacturers and suppliers: design defects,…

    • 2251 Words
    • 10 Pages
    Better Essays
  • Good Essays

    1. Whether the plaintiff was guilty of contributory negligence and assume the risk of particular accident?…

    • 488 Words
    • 2 Pages
    Good Essays
  • Best Essays

    Doctrine of Caveat Emptor

    • 3088 Words
    • 13 Pages

    9) Owen, D.G. (1996). Product Liability and Safety: Cases and Materials. NY: The Foundation Press.…

    • 3088 Words
    • 13 Pages
    Best Essays

Related Topics