Negligence Scenarios

In conclusion, contributory negligence would be hard to prove in this case the employee was doing his job and not in the direct path of the

Few minutes later, one teacher started to faint and fell in the middle of audience. The game stopped and nurse came into the gym. He wasn't breathing at all, so he was sent to a hospital. The game kept going with my teammate and remaining teachers.”

Smith would be 70% negligent, Mowit would be 10% negligent, and Chip-it would be 20% negligent. This is because Smith had been told multiple times not to put his foot in the wood chipper and had probably seen the warning on the machine, but put his foot in it anyways. Mowit is also partly negligent because they new Smith did not know how to properly use the wood chipper, they let him use it anyways. Chip-it portion of the negligence is due to having a design defect in the wood chipper but allowed it to be sold anyways. Smith would be 70% negligent, Mowit would be 10% negligent, and Chip-it would be 20% negligent. This is because Smith had been told multiple times not to put his foot in the wood chipper and had probably seen the warning on the machine, but put his foot in it anyways.

The Plaintiff attempted to cross three lanes of oncoming traffic to enter a gas station. The defendants' driver was speeding and ran a yellow light then struck the plaintiffs' car.

In the state of Minnesota it is a landlord’s duty “that the premises and all common areas are fit for the use intended by the parties.” Minn. Stat. 504B.161, subd. 1(1) (2015). Many negligence cases have interpreted this law in different ways that rely on the specific conditions during the time of the incident, and if the event was reasonably foreseeable and preventable. The foreseeability of an event can be determined within a reasonable amount of care for the premises. Frye v. Huntington Point Apartment Bldg., A05-2356, 2006 WL 1704234, 2 (Minn. Ct. App, 2006). Part of the reasonable care includes a duty to inspect, repair, and inform tenants of dangers. Id. In order to win, one must prove all four elements of a negligence claim: one, did the landlord have a duty to uphold; two, did the landlord violate that duty; three, was someone injured; four, did the violation of the duty cause the injury. Id. In regards to negligence claims that involve lighting, the key factor that needs to be proven is whether or not the plaintiff could reasonably see what they were doing. Namchek v. Tulley, 259 Minn. 469, 107 N.W.2d 856, 472 (1961). As well accumulations of water on stairways are dangerous and if resulting from landlord negligence are the basis for a claim. Frye v. Huntington Point Apartment Bldg., A05-2356, 2006

The importance of ensuring that claimants are given a reasonable opportunity to present their claim to obtain a fair outcome from the court was stated by Peter Walsh:

Plaintiff wants to sue Defendant for $5,000 for car damages. Plaintiff claims Defendant stepped on brakes really hard in the middle of the street and Plaintiff crashed into the back bumper of Defendants car. Plaintiff claims Defendant had stated he has a gun and that his father is a cop. Defendant claims he stopped middle of road due to being by a school and slowing down because kids were waiting to cross the street. Defendant claims the Plaintiff crashed into his back bumper and was angry so he punched the back window and was threatening him. Judge ruled it negligence per se on both accounts because the Plaintiff couldn’t prove the case, as well as both being negligent- Plaintiff was negligent didn’t leave enough space and Defendant skidded

In this first situation, Mike, who is a Utah resident, sues Jim for negligence in the amount of $60,000. Jim is a Nevada resident, therefore, Mike sues in Nevada's Federal district court. Negligence is a state civil law suit. Jim believes that the case should be dismissed because he believes there is a lack of subject matter jurisdiction. By definition, Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases. Additionally, the constitution doesn't extend subject matter jurisdiction to federal district courts. With that in mind, Jim is correct. The case should be filed in a a state trial court. Nevada only has personal jurisdiction over Jim.

Doctors are known for their caring job to save the lives of the injured or ill people. But they are also human because doctors can sometimes make errors. In medical terminology, an error is called as clinical negligence. The medical negligence cases can be found in quite huge numbers in the UK these days. If you are suffering from injury or severe pain, the personal injury solicitors are available to help you and sort out your issues for making the right compensation according to UK law. Follow these essential tips to claim for the right compensation:

In this paper the subject to discuss is a newspaper article given in season three, episode seven of Pearson Health Science Neighborhood in the course materials section of University of Phoenix student Website. The article “Amputation mishap, negligence cited” is about the wrong leg amputation of 62-year-old Joseph Benson, a diabetic patient who suffered from poor circulation for five years. The hospital where he had surgery is experiencing nursing shortage and union problems (Pearson Health Science, 2011). The incidence of wrong leg amputation occurred as a result of negligence. This could have avoided by completing a pre procedural checklist, site marking, and time out and proper

“We have always thought of causation as a logical, almost mathematical business. To intrude policy into causation is like saying that two plus two does not equal to four because, for policy reasons, it should not.” (Charles Foster NLJ 5/11/2004 page 1644).

The elements to prove negligence in this case is that one of the teenagers forced the automobile off the freeway, killing its one and only occupant. Therefore, the wife of Mr. Wierman suffered emotional distress through the negligent conduct of the teenagers trying to win a prize from a radio station. I think RKO should have come up with a better solution to attract listeners as having teenagers race from one location to the next to claim a prize was not acting responsibly. Although, I understand the radio station did not specifically say speed to reach Steele's next location it was indicative that whoever got to the identified location would be the winner of the prize. However the radio station most likely assumed that others intending to

Contributory/Comparative Negligence is a defense that shows that the customer in the negligence suit was also negligent in the act. (Advanced Business Law and the Legal Environment, 2014, p. 325).

NEGLIGENCE will be found if TEACHER OWED a DUTY, the duty was BREACHED, and the breach was both the ACTUAL CAUSE and the PROXIMATE CAUSE of the PLAINTIFF’S DAMAGES.

Before any construction works can commence, a design is carried out by a range of stakeholders. This design will show the project by the use of drawings, plans and the specification however it will also contain the method of construction and the materials that have been agreed.