Preview

Should Li Can Be Held Liable Under The Law Of Nebigence?

Powerful Essays
Open Document
Open Document
1661 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Should Li Can Be Held Liable Under The Law Of Nebigence?
There is a issues in the current case which need to be solved. The issue is if Li can be held liable for the injuries suffered by Paul Henri. Paul Henri is diagnosed with a concussion by playing barrel rolling operating by Li when he was looking to get some more excitement in his life. Therefore, the question arises if it can be established that Li is liable under the law of negligence for the injuries suffered by Paul Henri. For this purpose, it need to be seen if Li had taken all reasonable steps due to which the people may be prevented from playing.
The legal issue is whether Paul Henri can successfully sue Janet Li for negligence. In order to know whether the defendant commit negligence or not, 4 elements must be satisfied, including
…show more content…
b) Unrecognized DoC
Rule: Base on Atkin's NeighbourTest, to prove that the defendant (Li) owed the plaintiff (Paul Henri) a duty of care , we must prove that at the time of Li's careless act, the consequences caused by that careless act were reasonably foreseeable and directly related to the plaintiff (Donoghue v. Stevenson).
Application: In this case, it is reasonable foresee that there would be high risk that the conduct would be likely cause physical harm to the class of people which Paul Henri belongs to. That is supported by the fact that Li was aware of the situation that people left their trash on the hill and periodically cleaned up the trash. However, garbage had not been taken away. for about a month. Moreover, Paul Henri is people using Li’s property. Unluckily, because of Li's careless leading to injuries physical - concussion for Henri. Therefore, it can be seen that Paul Henri is as a neighbor of Li's careless. In another word, Li's careless act will closely and directly cause harm to Paul Henri.
Conclusion: Therefore, we conclude that Li owed Paul Henri a duty of care for physical
…show more content…
The Defendant has to take a responsibility if the accident happened in their area or property. Additionally, the Plaintiff also negligence in their action lead to the damage so they also have a duty to themselves.If Plaintiff contributed in some way to their own loss or injury, liability will be appropriated between defendant and the plaintiff (Ingram v Britten)

Application: Did the Henri also do something negligence? Yes, when Henri finished the second slides he thought that he was okay and still want to take another slide, that means he ignored his safety to continued to play the last slide. Henri's negligence contributed to his injuries because he can stop playing after the second slide, his dizzy and sickness may not happen if Henri did not take the last chance in steeper hills. Besides, Li also warned Henri of the unpredictable of steeper hills but Henri still ignores whatever Li said

Conclusion: Therefore, the assumption of risk and Contributory negligence are satisfied so Henri was contributory to his damage, the court should divide up the liability for both Henri and Li with 50/50 for both of

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Culpepper V. Weihrauch KG

    • 515 Words
    • 3 Pages

    Contributory Negligence Summary in Culpepper v. Weihrauch KG, ETC.UNITED STATES DISTRICT COURT, M.D. ALABAMA, NORTHERN DIVISION…

    • 515 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Kuehn V. Pub Zone Summary

    • 885 Words
    • 4 Pages

    PL sues D in negligence for damages from injuries suffered caused by the D’s failure of meeting the duty of exercising reasonable care to protect PL, a business patron.…

    • 885 Words
    • 4 Pages
    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

    When the free supply ceased Ms Cole and a friend purchased and consumed further bottles of Spumante. Ms Cole was refused service at the bar in the afternoon because of her intoxicated state. Ms Cole stayed at the Club and its surrounds for the day and was ejected between 5.30 and 6pm for being intoxicated. The Club had offered to call a taxi for Ms Cole as well as offering her the use of the Club bus and driver. One of the men Ms Cole was with had told the Club manager that he would look after her. At some time after this Ms Cole left the Club. Mrs Lawrence 's vehicle hit Ms Cole at around 6.20pm. She had been travelling within the speed limit, it was dark and she had her lights on low beam at the time of the accident. Mrs Lawrence 's evidence was that she had not seen Ms Cole until it was too late to avoid the collision. Ms Cole, who was wearing black clothing, suffered serious injuries from the accident and has continuing disabilities. The trial judge held that Mrs Lawrence had been negligent in that she had failed to keep a proper lookout while driving. Her liability for the injuries suffered by Ms Cole was assessed at 30%. The Club was also held liable for continuing to serve Ms Cole when she was intoxicated. The Club 's liability was also assessed at 30%. His Honour held that Ms Cole had…

    • 9301 Words
    • 38 Pages
    Good Essays
  • Better Essays

    Critically analyze the following case and say whether or not you think that the plaintiff will succeed under the tort of negligence:…

    • 1727 Words
    • 7 Pages
    Better Essays
  • Good Essays

    2105

    • 438 Words
    • 2 Pages

    Determine what type of harm is a reasonably foreseeable as a consequence of the breach of duty…

    • 438 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Unit 6

    • 500 Words
    • 2 Pages

    Under the traditional choice-of-law rule of lex loci delicti (The law of the place where a wrong was committed.), what conduct constitutes contributory negligence is a question of substantive law which is governed by the law of the state where the injury occurred. Thus, whether contributory negligence of the plaintiff precludes recovery in whole or in part in a negligence action is to be settled by the law of the place of the wrong. A comparative negligence statute likewise is part of the substantive law of the state, and therefore, the effect of the plaintiff's comparative negligence also will be determined by the law of the jurisdiction in which the wrong occurred.…

    • 500 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    One very important issue in this case and many civil lawsuits is negligence. Negligence is when there is a failure to use reasonable care which results in injury or damage to another. It also asks who is responsible for one’s injury. In this case, Mrs. McKoy claims her injuries were caused by T & J’s negligent behavior. In order to prove negligence, T & J must be guilty of five elements: duty of due care, breach, factual cause, proximate cause, and damages.…

    • 605 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Elements Of Negligence

    • 94 Words
    • 1 Page

    Negligence law states that a person or an organization is generally liable when they negligently injure others.…

    • 94 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    To be guilty of negligence, a defendant in a lawsuit must breach that duty of care, and the breach of duty must be the cause of harm to the plaintiff.…

    • 584 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Business Law Homework 2

    • 736 Words
    • 3 Pages

    Recovery of damages in negligence requires proof by a fair preponderance of the evidence that the actor lived a duty of care to the victim, which was breached by the actor’s failure.…

    • 736 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Business Law, Tort Law

    • 2260 Words
    • 10 Pages

    Firstly, Danny owed Tim the duty of care. Meaning of duty of care is the obligation people owe each other not to cause any unreasonable harm or risk to them (Cheeseman, 2010). Danny has the obligation to make sure that his car did not cause any harm or injury towards others or the environment, which is definitely not the case as he had forgotten to put on his handbrake. A perfect case example is of the Liebeck v. McDonald 's Restaurants(1994), where the plaintiff were awarded $200000 compensatory damages(reduced by $40000 for her own negligence) because of McDonald 's negligence. Liebeck was injured in her thighs,legs,groin and buttocks, as she opened the lid of the coffee cup she bought from McDonald 's, which she put it on her lap. The contents in the cup…

    • 2260 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    Essay On Sports Injuries

    • 460 Words
    • 2 Pages

    Many sportsmen suffer various kinds of injuries while playing and some of these injuries are as a result of negligence, unexpected violence, inadequate supervision or construction, or unsafe facilities. Sports injuries range from mild to severe and over a period, these injuries can affect your career. One can avoid such injuries by exercising appropriate safety and taking the necessary precaution. If you have suffered from such injuries due to another party’s negligence, you can make a sports-related accident claim to help you get suitable compensation.…

    • 460 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Business Law Study Guide

    • 2134 Words
    • 9 Pages

    Ch. 7: Negligence: Elements of a claim: 1. D owed a duty of care to the P 2. breached that duty 3. Breach was the actual & proximate cause of the injury. Duty & Breach of Duty: 1. Person must act as a reasonable person would’ve in the situation 2. P must establish that defendant failed to act as a reasonable person would’ve 3. Defendant owed duty to plaintiff if he was among those who would foreseeably be at risk of harm from the behavior 4.Breach of duty: actions compared to those of a reasonable person, focuses on defendant’s behavior rather than mental state 5. Most important consideration in breach of duty: reasonable foreseeability of harm. Ex. falling asleep at the wheel: foreseeable risk of harm to others BUT a blackout while driving  not foreseeable Also considered: magnitude & social utility & ease of avoiding risk Personal characteristics are also considered: Context considered: emergency vs. time to make judgment call. Special duties, Duties to Persons on property Premises liability cases, involve possessors of land & those who enter it. Entering party classifications: Invitees: Business visitors, people using public property Licensees: possessor must give consent, enter for purposes other than to do business Trespassers: Neg. per se: D’s violation of reasonable behavior may cause a breach of duty & may allow P to win if: Was within the class of persons intended to be protected by the statute, suffered harm that statute was intended to protect against. Causation of injury: physical injury, Property damage * usually only compensatory damages are recoverable, some courts allow recovery for emotional damages but require that physical injury resulted. The causation link Was the breach the actual cause of injury? Was it the proximate cause? Was there any intervening cause? Actual cause - But-for test – plaintiff would not have been hurt if it wasn’t for the defendant’s actions. Proximate cause no liability if injuries were remote, consequences must be…

    • 2134 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    For applying contributory negligence, Bourque should assume the risk of Duplechin's collision. Nevertheless, Duplechin's action was unusual and unsportsmanlike conduct. A participant does not assume the risk of injury from fellow players acting in an unexpected or unsportsmanlike way with a reckless lack of concern for others…

    • 488 Words
    • 2 Pages
    Good Essays