Case Study Scenario: Tort and Negligence

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Tort/Negligence Scenario The scenario is a horrendous string of coincidences that resulted in a tragedy. However, every party carries some responsibility for the eventual double amputation. This paper examines each of the parties, their possible liability and how that is covered by negligence law. Bobby The first issue is that he was using the equipment improperly so there is some culpability on his side. The manufacturer of the rim could argue in court, as a defense against negligence, that there was a contribution to the negligent product on the part of Bobby. The law says that "Contributory negligence occurs when a plaintiff's conduct falls below a certain standard necessary for the plaintiff's protection, and this conduct cooperates with the defendant's negligence in causing harm to the plaintiff" (Find Law, 2012). Bobby had Rachel lift him up so that he could dunk the basketball. In normal circumstances, the boy could not have dunked the basketball and would not have had the issue with the rim. Because of his wanton act Bobby could be found partially responsible for the lacerations to his wrists. ACE Sports Despite the fact that Bobby could be partially culpable due to contributory negligence, there is still an issue with the product. If the product had been recalled by the Consumer Product Safety Commission and was still available for sale, that would be a criminal offence. However, even if this is the first issue with the basketball rim, ACE is still

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