Preview

Plg-101-1301: Torts & Personal Injury

Good Essays
Open Document
Open Document
965 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Plg-101-1301: Torts & Personal Injury
In representation for Plaintiff, in writing, for recovery of damages in a potential case against “Gravel Is Us” Co. located in the State of Ohio. By these means, the following is the evaluation: According to our information, an employee of a dynamite blast company by the name of “Gravel is Us”, contracted by the State of Ohio, was negligent in failing to prevent you from entering its construction danger zone and causing severe injuries to you.The gravel company claims, that the street warning sign that they had previously; put up was sufficient enough to prevent harm, but are not denying their employees negligent actions.

Plaintiff must show proof of four elements, in order to win a claim against the Defendant. The elements are as follows:

1. Basic Duty
2. Breach of duty
3. Cause
4. Harm

Defendant, had the basic duty to prevent outside vehicles from entering the danger zone during, their dangerous explosive activities. Defendant breached their duty when one of their employees fell asleep during their shift, leaving opportunity to allow entrance to a dangerous zone; hence allowing our Plaintiff’s vehicle to enter said danger zone. Had the Defendant’s employee performed their job under the basic reasonable standard of care, our Plaintiff would have then been prevented from entering said zone, which was neglectfully unsupervised at entrance by Defendants employee. If said mentioned employee had prevented the entrance of an explosive and dangerous construction zone, our plaintiff would have also been prevented of his injuries. Our Plaintiff has since suffered major injuries arising from Defendant’s formatted employee’s negligence in which a plausible and foreseeable event of explosions from Defendant’s construction site injured our Plaintiff.

Under the doctrine of respondent superior “an employer is liable for the negligent acts or omissions of his employee which are committed within the scope of his employment. Liability based on

You May Also Find These Documents Helpful

  • Powerful Essays

    Plaintiff Robert Lopez flied a claim against Adelanto Stadium, Inc. claiming negligence on fault of Defendants insufficient design and/or installation of netting protection from foul balls under California Civil Code of Procedure §1714. Compl. ¶ 3. Also, Defendant’s negligence in failure to warn of dangers of foul balls. Compl ¶ 7. Mr. Lopez alleges that Adelanto Stadium, Inc. is liable on the sole grounds that they own the stadium in which Mr. Lopez suffered said injuries. Adelanto Stadium, Inc. moves to dismiss because Mr. Lopez’s claim fails as a matter of law, since it lacks sufficient factual matter to render a finding of negligence.…

    • 1264 Words
    • 6 Pages
    Powerful Essays
  • Satisfactory Essays

    Haugen Vs Ford Summary

    • 285 Words
    • 2 Pages

    In Haugen v. Ford Motor Co., the requirement of Article 2-302(2) that the court required an affording opportunity for the buyer to present evidence to aid the court in making a determination. In this case, Plaintiff buyer challenged the judgment of the District Court of Williams County (North Dakota) that granted summary judg-ment in favor of defendant manufacturer dismissing the buyer's damage claim based on a liability exclusion for damage from fire. The buyer filed a complaint against the man-ufacturer when the car he bought burst into flames while he drove it. The manufacturer was awarded summary judgment dismissing the buyer's claim based on a liability ex-clusion for damage from fire included in the limitation of liability. The court…

    • 285 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    In order to determine the role of DD’s violation of the statute in the car accident the three-part negligence per se test must be applied to determine if . The three elements of the negligence per se test: whether the statute protects a class of individuals of which the Plaintiff is a member, protects against harm of the sort that the Plaintiff suffered, is an appropriate standard for use in the case. Applying this statute to the case it can be determined that the statute was created to protect the class of individuals such as the hitchhiker, i.e. passengers in other vehicles while DD was driving on the road in a tractor trailer truck which he was not licensed to drive. The state statute 101 was not created to prevent the type of harm that was suffered by the Plaintiff, the hitchhiker’s injury was caused by FF’s rear-ending DD and not by DD driving a tractor trailer truck. This is also not the appropriate standard for use in this case because the harm was not the result of violation of the standard. Therefore, the reasonable person standard should be applied instead of negligence per…

    • 778 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    FBLA

    • 666 Words
    • 3 Pages

    "Listen to me closely, if the insurance company's investigator had conducted an onsite investigation of the parking lot construction site, Mr. Green or his representative would have required the construction company to 1.) Post a sign warning pedestrians of unsafe conditions. The investigator would have required the construction site to post a sign warning of hazard and warning pedestrians of poor walking surfaces. These unsafe conditions existed for two or more months after your serious fall."…

    • 666 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The plaintiff Helen Palsgraf was standing at the platform station of Long Island Railroad Company after buying her ticket and waiting for her train. Suddenly, a man carrying a package rushed to catch another train that was moving away from the platform. He jumped into the train but he could not keep the balance and was about to fall when a railroad guard on the car reached forward to grab him and another man in the platform push him from behind to help him board the train. During this process the man’s package which contained fireworks but guards were not aware of because it was wrapped in newspaper, fell in the railroad track and exploded. As a result of the explosion scales reached Hellen Palsgraf who was in at the other extreme of the platform causing physical injuries. The Hellen (plaintiff) sued the company (defendant) claiming it was liable for negligence. The jury in a trial verdict enters the judgment in favor of the plaintiff. The defendant appealed claiming the plaintiff was not able to prove that the railroad company was negligent, but the appellate court affirmed the verdict. The defendant appealed further to the New York highest state court which reversed the judgment.…

    • 752 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    The common thread amongst the multiple cases discussing co-employee liability throughout the common law was that if the defendant co-employee created the danger, had superior knowledge of danger, or through his or her actions or inactions otherwise caused the plaintiff co-worker to encounter the danger, the defendant co-worker is liable. The supervisor directed a co-employee to connect a hose to a compressor. The co-employee then shook the hose to remove kinks and in the process caused the plaintiff to trip. In finding a submissible case against the co-employee for negligence, the Supreme Court focused on the fact that the danger was not caused by any defect in the hose itself, rather, the danger was created by the co-employee's handling of…

    • 142 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Have you been injured in a truck accident? Did a distracted driver cut you off and cause you to crash your motorcycle? Were you injured by a reckless driver while you were crossing the street? Did you slip and fall while on another person’s property? If so, you need a Sacramento personal injury attorney who has the experience, skills, and resources necessary to protect your legal right to recover compensation for your injuries.…

    • 546 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Negligence Case

    • 1583 Words
    • 7 Pages

    The plaintiff’s vulnerability- An outraged gathering is helpless if he was not capable of figuring out how to shield himself from the reckless exhibition…

    • 1583 Words
    • 7 Pages
    Good Essays
  • Good Essays

    Every year, many people visit amusement parks. The thrill of the rides coupled with good times shared with family and friends make theme parks a popular destination. Unfortunately, theme park rides and attractions are not always designed or maintained properly.…

    • 472 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Personal Injury Cases

    • 405 Words
    • 2 Pages

    A relatively common term often used in random conversations, pain and suffering serves as a crucial component in many personal injury cases. It is important that once is aware of its legal perspective and measurement tools when it comes to filing a personal injury lawsuit.…

    • 405 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Life is unpredictable at the best of times and when you suffer a personal injury that was not your fault you may find the consequences are life changing. Claiming compensation for injuries caused by the negligence of a third party is your right but it is not something you should contemplate doing yourself - unless you have extensive legal knowledge of personal injuries that is!…

    • 451 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The law is something that should be taking intently. There are a lot of cases and possessions that people get into simple because the person does not know anything about the law. When people get into these situations, it ends up getting people into the uttermost amount of trouble that is going to take a long time to get out of. In most cases, these situations happen from time-to-time is because people have no idea they are getting into until the crime is done. Also, another factor is that in most cases some of the laws are different, and the law is forceful and the penalty is strict, and the law follows the books. Nowadays we are just living day-by-day not knowing what is going to happen next because things are changing…

    • 662 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    If the plaintiff proves all five elements, [you must find for the plaintiff on this claim] [you must then decide whether the law allows the defendant to make the statement].…

    • 1125 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    Surprisingly, more people than you might imagine are very reluctant to hire a Florida injury attorney, after they've suffered a personal injury. Often, they have strong misconceptions about injury Attorney Florida proceedings. Clearly, they assume that they are either able to handle the case or that they simply do not want to get involved with a court case. The fact is that a large number of people have false assumptions about lawyers and the role that they play in a legal case. A personal injury lawyer plays a significant role, in a personal injury case. The legal professional is dedicated to making sure that their client receives the maximum compensation for their injuries. Here is more to consider.…

    • 516 Words
    • 3 Pages
    Good Essays
  • Good Essays

    R V F Principle

    • 1471 Words
    • 6 Pages

    | * P sued D, the mill owner, for the flooding caused by the escape of water from reservoir on D's land. * Noted that the escape is caused by the negligence of the independent contractor, hired by D. * However, R v F is a strict liability and the negligence of the third party does not exonerate D's liability.…

    • 1471 Words
    • 6 Pages
    Good Essays