Business Tort Liability : Tort

A tort is wrongful interference against a person or property, other than breaches of contract, for which the courts can rectify through legal action. The reform effort is aimed at reducing the number of unnecessary lawsuits that burden the court system while still allowing injured parties compensation when they’ve been wronged. This latest effort at tort reform has given rise to the same spirited rhetoric that might be found in a courtroom.

There are many defendants in this case. First and foremost Dale, the loss prevention officer for Wal-Mart, is a defendant because he intentionally restrained Bob against his will and the restraint was unlawful. Dale also failed to follow company rules; Dale was supposed to watch a video that explained how to catch and deal with thieves but decided not to watch the video. The second defendant would be Dale’s supervisor. The supervisor recorded a pass on an exam that dale did not take. The exam Dale failed to write was based on the video that Dale did not watch. The third defendant would be Wal-Mart; Wal-Mart assumes liability because they could be at fault for not properly training staff. Bob would want to take action on

In Canada, when someone feels they have been wronged or injured by another, they can seek compensation through the courts. This area of law is known as tort law which examines conduct and consequences (Lin, 2010, p. 4). Tort law does not rely on promises or contracts. It is an area of law that examines the obligations and duties one party has to another. In relation to business and professionals, tort law aims to change the behavior of producers to prevent future harm or loss (Lin, 2010, p. 9).

exposure. All municipal activities should be evaluated and facilities inspected. Court decisions and legislation that affect municipalities must be reviewed. Insurance and risk management publications should be studied for the latest information on loss avoidance. Attending courses on risk management may prove beneficial.The importance of the human element cannot be overemphasized when identifying risks. Asking employees and supervisors for their input because they are in the best position to identify risks. It is important to communicate with people in other municipalities who are involved in risk management that might have faced and solved a similar problem in the past.Obviously, a great amount of guesswork is involved in risk identification, and some potential losses may be overlooked. However, by making a conscientious effort, the most common losses can be reduced or perhaps totally avoided (Marcus, 1986).

Since about the mid-late 1980’s many states have implemented and enforced statutes to limit tort lawsuits. Tort reform is the political term for redefining tort laws and reducing tort litigation, damages, compensation, and even amounts awarded (Quinn). The reformation of the nation’s tort system, or changing laws throughout a state dealing with injuries to a person or their property have done a lot more harm than good for consumers. While each tort reform law varies depending on the state, they all have one of the following goals in mind: “(1) to make it more difficult for injured people to file a lawsuit, (2) to make it more difficult for injured people to obtain a jury trial, (3) to place limits on the amount of money injured people receive in a lawsuit (Lane).”

Anna may file all of the items stated above for several obvious reasons. In the manner of infliction of emotional distress Anna has suffered severe injury to herself in an unexpected environment as well as having to deal with her leg being amputated for the rest of her life. In the manner of negligence, the restaurant was negligent in not ensuring that her meal was free of foreign objects. In the manner of duty of care, the surgeon operating on her negligently did not review her file correctly and confused her for another patient which led him to amputate her leg. This also leads to actual cause in which there was the actual cause of negligence in the manner of operating on Anna. Anna will also be able to file for Res Ipsa Loquitur because it is the

Jeremy Waldron, a professor of law and society, demonstrates the institution of tort liability and the issues that arises on the desert-based system. With the example of Fate, having to pay a large amount of money to Hurt for a moment of carelessness while doing the same act as Fortune, he shows how tort liability can be unjust and unfair. Two cases present examples of how Waldron would approve and disapprove the rulings.

My thought on the situation is that Steve has a right to call Billy out on his faults. He can complain that Billy has failed the statute or ordinance, which can prohibit the leasing of a structure that's not in compliance with local building codes. The building clearly is not safe for Steve to live in and should be fixed immediately because of such hazardous dwellings. He has the right to hold Billy responsible for his failing to fix the heater as well as his leg injury, because yet again Billy's property is not safe. Billy was made aware of the faulty stairs and the heater. The implied warranty of habitability requires a landlord who leases residential property to ensure that the premises are habitable-that is, in a condition that is safe and suitable for people to live in-at the beginning of a lease term and to maintain the premises in that condition for the lease's duration, which Billy has once again failed to do with the heater and the stairs. Steve has two options; he can surrender

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

I represent Mr. Stan Smith, with whom you have corresponded about the unfortunate incident that occurred on July 25, 1955. I understand that Ms. Griffin has sustained injuries as a result of this accident and I extend my sympathies. Under the law, however, the circumstances do not rise to the level of tortious liability.

There are many risks for a company in the legal realm and it is important for them to minimize their tort and regulatory risks. A company should have a risk plan in place that can help them succeed. This plan can be a continuously changing plan depending on needed improvements on the plan. A risk plan can be developed easily when you look at the Alumina Inc. case as an example. A company such as Alumina can manage their risks through three basic measures which are preventative, detective, and corrective.

[R] The first is a trespasser. A trespasser is one who enters the land of another without the consent of the owner. The only duty a landowner owes a trespasser is to not willfully or wantonly injure the trespasser. Sanders v. Perfecting Church, 303 Mich.App. 1,4, 840 N.W.2d 401, 404 (2013). [R] The second status is a licensee. A licensee is a person, such as a social guest, that has the landowner’s permission to enter the land. Id. at 4, 840 N.W.2d at 404.The duty a landowner has to a licensee is to warn the licensee of any hidden dangers that the landowner is aware or should have awareness of, if the danger is not open or obvious. Id. at 5, 840 N.W. 2d at 404. “Social guests are licensees who assume the ordinary risks associated with their visit.” Stitt v. Holland Abundant Life Fellowship, 462 Mich. 591, 592, 614 N.W.2d 88,91-92 (2000). [R]The last status of those entering the property of another is a business invitee. Because of the business context, the landowner has an additional duty that extends beyond that of the duty to a licensee. The landowner has an obligation to inspect the premises as to any dangers and, if

Tort law can be defined as ‘an area of law that deals with the wrongful actions of an individual or entity, which cause injury to another individual’s or entity’s person, property, or reputation, and which entitle the injured party to compensation’ (Tort Law). In other words, a tort case occurs when a person has broken civil law by inflicting injury, whether physical, emotional, or that of one’s reputation, onto another person. When a crime such as this has been committed, tort law allows for the injured party, or plaintiff, to seek out compensation for the wrongs that have been committed against them (Tort Law).

Liability has to do with the responsibility of one party, group or organization to another. Usually it deals with financial compensation. Liability may not always come from some intentional action or negligence. Sometimes liability can even be a way to keep peace between different parties rather than an injured party taking more serious action. The affixing of liability may have been enacted as a peace keeping intuitive. In law a person can be liable she or he is financially or legally responsible for something. Liability can be covered by insurance and can be imposed jointly. There is some different forms of liability such as vicarious liability which is the responsibility of an employer to compensate for the behavior and actions of a worker or an employee. You have strict liability which is for people who perform certain task such as working in ultra-hazardous types of work like high explosives. In strict liability those engaging in these actions are responsible for injury without the need for inquiry. Under strict liability there is no need to provide proof, negligence or intention. Limited liability is when business owners are legally and financially responsible for nothing more than the amount they have contributed to a particular venture. If a bank or business goes bankrupt an owner who has limited liability they will not lose unrelated assets like a home. Manufactures liability is a legal concept in many nations that shows the fact that producers of a products have a

On a TV program named Toffee with Taran broadcasted on Boom TV, a celebrated name Sania Radukone created an impression communicating her views on her peers. This piece of recording was discarded from the telecasted show however by one means or another was spilled out onto YouTube and went viral on social networking sites. The feature was posted by an account named Kamaal Dhamal Khan. On witnessing this video one of Saina’s contemporaries, Safreena Kaif felt profoundly offended as the views were insinuated towards her which she found to be defamatory. Safreena thinks of filing a case against Saina Radukone, Boom TV and Kamaal Dhamal Khan.