Dim Blue Tort Analysis

ASSAULT, BATTERY AND FALSE IMPRISONMENT ARE EXAMPLES OF ____ TORTS THAT INVOLVE INTERFERENCE WITH A PERSON'S BODY.

The Woburn case is an example of a complex tort case. A tort case involves any personal injury someone sustains due to the negligence of someone else. The plaintiff is taxed to prove three features: the defendant must have a duty of care for the plaintiff, the defendant breached this duty of care, and general causation. Without general causation, the defendant could have a duty of care and breached this duty of care, but there would not be a tort case only with the association between the defendant’s behavior and the personal injury sustained by the plaintiff.

Art and Bill were leaving work one afternoon when they were approached by Charlie, who was

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).

Events surround a recent total knee replacement surgical case performed by Dr. Smith may place the institution at risk for multiple tort claims. These claims involve the violation of operating room procedures and protocols, a post-operative medication errors, and an incident concerning the interaction between a member of the nursing staff and the patient.

District 125 argues that they are immune from liability pursuant to 3-106 of the tort immunity act. Section 3-106 of the Tort Immunity Act provides immunity to recreational facilities where the basis of liability is based upon the existence of a condition of any public property intended or permitted to be used for recreational purposes. 745 ILCS 10/3-106 (emphasis added). However, Illinois courts have created exceptions to this rule. In Rexford v. City of Springfield, 207 Ill. 2d 33 (2003), the Court concluded that a school is a multiuse facility and the parking lot was substantially connected to the entire school and only incidentally to the gym. In the case at bar, parking lot D, where the accident occurred, is attached to the East building

Rule: Battery is the unconsented harmful or offensive touching with the intent to harm or offend. Leroy did intend to immobilize John when he grabbed him, but this was done in the defense of a third party.

Billing for paralegal services at market rates does not unfairly benefit the law firm. In Missouri Vs Jenkins, the court ruled that “The prevalent market rate for attorney time is not independent of the manner in which paralegal time is accounted for” (Goldman 35). In 2008, The Missouri vs Jenkins ruling was further challenged in the case of Richlin v. Chertoff where the court was asked to review if paralegal fees can be reimbursed under the Equal Access to Justice Act (NALA). The court once again ruled that paralegal fees shall remain at market rates. Basically, both cases emphasize that paralegal fees are billed just the same as any other member of the attorney and therefore doesn’t in any way unfairly benefit the law

Did Growler's grocery store breach it's duty of care to it's customers when they did not attend to the spill quickly enough? And did they breach there duty of care by allowing objects to fall from there shelves?

The unintentional tort case that we have chosen to analyze through the use of various legal elements of tort law, is the wrongful death lawsuit filed against Porsche by Meadow Rain Walker for the death of her father, Paul Walker. On November 30th, 2013, famed movie star Paul Walker and friend, Roger Rodas, passed away in an unfortunate solo-vehicle collision in South California. At the time of the crash they were travelling in a 2005 Porsche Carrera GT when the car swerved off of the road and came in contact with a power pole and several trees before fire engulfed the car. Both Walker and Rodas perished due to injuries received in the crash.

The Tort Teasers questions in chapter 17, says too, “Reread the introductory scenario at the beginning of this chapter and use the insurance policy in Appendix D when necessary to answer the following questions.” What is ironic about this is that there is “no” Appendix D, without appendix D these questions cannot be completed accurately. How should we, that is if other students don’t have appendix D, respond to these questions?

Two individuals, the Baker brothers have been long-term employees of Bin Inc. a company earning $240,000 per year and the only company providing food to a chain of guesthouse. The Bakers each make $55,000 per year. The contract between Bin Inc. and the guesthouses was established in 1981 and is currently being renewed every three years on September 30 taking effect January 1 of the following year. Bin Inc. and the guesthouses agreed to have four deliveries per day so that guests are adequately provide for. The Bakers are aware that net profit from Bin Inc. catering operation average $240,000 per year. They also know that late arrivals have caused tension between the guesthouses and Bin Inc. a scenario that are contrary to the agreements between the parties. They have started their own food company (Bakers Inc.) and did not rule out service to the guesthouses. Since starting the company, the Bakers have been absent from Bin Inc. on a number of occasions without pay and this has contributed to the deteriorated service of Bin Inc. to the guesthouses. In addition, seven guests at the guesthouses suffered food poisoning after consuming the food (no fault of their own) on July 18, 2012 and approached the guesthouses who then informed Bin Inc. The tainted food can be traced to the work of Farknn Baker. The Bakers have conceded that Bin Inc. had a recent City inspection on July 10 and was given 15 days to improve sanitary conditions at their kitchen or face closure. Bin

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.

Can you elect to recover your damages from the resort only, even though Tex and Rex were primarily responsible for your injuries?

“The essential purpose and most basic principle of tort law is that the plaintiff must be placed in the position he or she would have been in absent the defendant’s fault or negligence.” It is impossible to fully restore the plaintiff, as he will never be fully restored. However, compensation is the best way to put the plaintiff back into his original position. Even though most resources of the tort system are spent on dealing with claims, it is a very slow process as it is so complex because it involves many parties. It is often time consuming and expensive to file a claim, making it very cost-ineffective. The increased involvement of insurance companies has made it even more time consuming, with the introduction of their own