Negligence And Negligence : Negligent Torts

1049 Words5 Pages

Negligent torts are one of the most common types of tort cases. Negligent torts are cases that look at the actions of an individual or company that are not deliberate, but more so when an individual or company failed to act toward as a reasonable individual should, to someone whom he owes a duty to. Negligence action found in this particular tort can lead to personal injuries or monetary damages.
The elements which constitute a Negligent Tort are defined as: a person must owe a duty or service to the victim(s) in question, and the individual, or company, who owes the duty must violate the promises or obligation; an injury then must occur because of the specific violation, and the injury(s) cause, must have been reasonably foreseeable as a result of the person 's, or company’s negligent actions.
To prove negligence, plaintiffs have to demonstrate the four elements are present. First, they have to establish that the defendant owed a duty to the plaintiff. Second, the plaintiff has to demonstrate the defendant breached that duty. Third, the plaintiff has to prove the defendant’s conduct caused injury. Then finally, the plaintiff has to demonstrate legally recognizable injury (T & J, 2011).
I discovered a case that I personally found interesting; American Motorcycle Association v. Superior Court, 20 Cal.3d 578, 578 P.2d 899 (Cal. 1978). This alleged negligence in this case where Glen Gregos, a teenager, incurred a spine injury, he had his spine crushed in a

More about Negligence And Negligence : Negligent Torts

Get Access