Tort case scenarios
Tort Case Scenarios
Tort Case Scenarios
The scenarios below provide several examples of torts to include negligence, unintentional torts, intentional torts, assault, battery, etc. Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party (Cornell, 2010). Scenario 1
Scenario 1 has multiple instances that happen during the game that raises attention between people. Most of these instances have enough evidence to go to court and possibly win the case. Scenario 1 starts out by Daniel and his son going to the football game. During the game, one of the fans gets hurt due to one of the players breaking the quarterback’s arm and throwing the ball to the fan. This would be a negligence tort. The fan would be the plaintiff suing the team, the team member, as well as the stadium, which would be the defendants. Unintentional Tort
Scenario 1 also deals with another fan, Malik, who gets upset on the referee’s call and by accident spills his cold beer on Ruben, Daniel’s 8 years old son. This would be an unintentional tort, since it was an accident spilling the cold beer on Ruben. Ruben would be considered as a potential plaintiff, while Malik would be the defendant. I don’t believe the case would get too far, since it could be proven that it was totally an accident of spilling the cold bear on Ruben. Intentional Tort
Daniel gets upset on Malik for ruining his son’s enjoyment of the game. Daniel shoves Malik. Malik falls down and hits his face on the aisle steps and knocks out two of his front teeth. Daniel’s actions would be considered as intentional tort, since he did plan to hurt Malik intentionally. In this situation, Malik would be considered as the plaintiff and Daniel, the defendant. I believe Daniel would be guilty in this tort. Malik on the other hand would still be guilty of spilling the bear on Ruben and would carry some responsibility of the case. Assault
Daniel stops at the concession stand to buy two diet soft drinks. A lady smells beer on Ruben and creates a scene accusing Daniel giving Ruben, a child, beer. Daniel gets some unappreciated looks from other s as well. Daniel’s boss happens to be one of those people and fires Daniel for giving alcohol to a child. Daniel and Ruben would be the plaintiffs and could sue Malik, the defendant for damages and personal embarrassment. Daniel, the plaintiff could also sue the lady, the defendant for assault. Daniel, the plaintiff could also sue his boss, the defendant for firing him inappropriately. Negligence
The concession employee, the defendant, by the distraction, gives Daniel and Ruben, plaintiffs, two regular sodas instead of diet drinks. This would be considered as negligence tort. Self Defense
Malik and his wife appear behind Daniel and son near the car. Malik points an unloaded gun at Daniel to scare him. This would be considered as intentional tort since Malik is there intentionally to scare Daniel. Daniel takes out his concealed weapon and shoots Malik. This would be self-defense. Daniel did not know Malik’s intentions and shot Malik to defend him and his son’s lives. Malik would be the defendant and Daniel would be plaintiff. Malik’s wife would also be considered a defendant.
Due to Daniel having a regular soda and not a diet soda, he gets into a diabetic coma after these incidences. Daniel, plaintiff could sue the concession employee for giving him the wrong drink, causing him to get into a diabetic coma. Scenario 2
Scenario 2 has several incidents that are aroused by one initial incident. We have Ana seriously injuring her mouth after biting into a piece of glass, through this she screams very loud startling a waiter who is carrying a flaming dish. The flames catch Ana’s waiter’s apron starting a fire, as he removes his apron and toss it to the side,...
References: Cheeseman, H. (2010). The Legal Environment of Business and Online Commerce (6th ed.). : Prentice Hall.
Cornell. (2010). Tort law: an overview. Retrieved December 1, 2010, from http://topics.law.cornell.edu/wex/tort
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