Negligent Tort

Everyday you consume things may it be food, drinks, or prescription drugs. Most people will just absent mindedly intake these products subconsciously knowing that they are monitored by government organizations ensuring your safety. It has not always been that was and has progressed greatly throughout the years. although all consumer safety organizations may not be reputable, they do much more good than harm. Consumer safety is something that is extremely important to the American family, and has help thousands of people survive. Consumer safety is something that has allowed America to progress to where it is today.

Negligence is the failure to do something. Many medical cases are filed as medical malpractice suits, “medical malpractice is professional misconduct. Malpractice differs from negligence because it is performed by a license medical professional” (Flight 2). The case of Horton V. Niagara Falls Memorial Medical Center can be used as a primary example where negligence, “failure to take reasonable precautions to protect others from the risk of harm” (Flight 33), is visible.

Negligence is when somebody has a duty of care and that duty is breached. Negligence is split into 3 parts.

Negligence: A person acts negligently if they should have been aware of a substantial and unjustifiable risk that a certain consequence would result from their actions. Although the level of risk is the same for both recklessness and negligence, the difference between the two is that with recklessness, the actor must be aware of the risk involved with her actions, whereas, for negligence, the actor is not aware of the risks but should have known what those risks were”(National Paralegal College, 2017).

http://www.youtube.com/watch?v=0gM0lErc12M&feature=youtu.be#t=26m1s Antitrust Policy & Regulation: Antitrust Laws, Industrial Regulation, Social Regulation, Federal Regulatory Commissions for both Industrial and Social Regulation Published on Mar 4, 2013

When someone doesn’t live up to their responsibility of exercising care, and that failure leads to another person’s injury or death, the action or lack of action is referred to as negligence. As an example, say someone causes a fatal accident because they were speeding. In this case, the driver who was driving above the speed limit acted negligently, and therefore can be held liable in court for damages caused. The victim’s surviving family members can also file a wrongful death lawsuit alleging that the driver who caused the crash owes them damages associated with that untimely and unnecessary death.

Negligence is carelessness amounting to the culpable breach of a duty, ie failure to do something that a reasonable person (ie an average

Negligence is defined as the failure to use reasonable care to avoid a foreseeable harm to a person, place or thing.

Negligence is when someone is failing to do something that a reasonable person would do in a similar situation or, doing something that a reasonable person did not do in a similar situation.

Under the doctrine of unintentional tort, commonly referred to as negligence, a person is liable for harm that is foreseeable consequences of his or her action. Negligence is defined as “the omission to do something which a reasonable man would do, or doing something which a prudent and reasonable man would not do.”

What is negligence? In many states, the term is reserved for malpractice claims against doctors, lawyers, architects and accountants: The concept of professional negligence applies to other professionals such as nurses. As a practical matter, although, this is often a meaningless distinction because malpractice and negligence lawsuits generally contain the same elements and carry the same potential for serious legal penalties. (Calfee, 2010, pg. 34)

In the state of Minnesota where the mishap aircraft originated from, the duty to warn is applied in the following way; “The manufacturer has a duty to warn end users of a dangerous product if it is reasonably foreseeable that an injury could occur in its use” (Gary v. Badger Mining Corp, 2004). The entailment of this duty is seen as giving adequate instruction unto the safe use of said product, but ultimately leaves

Negligence: This is a general category under tort law. It’s when a person or entity fails to act with care that is what we would define as a normal cautionary practice of care. It is being careless.

Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care established by law for the protection of others against unreasonable risk of harm(Stuhmcke and Corporation.E 2001). The standard measure of negligence is the universal reasonable person standard. The assumption in this case is that a reasonable

Presented are four separate cases that have been argued and settled in a court of law. Each of these cases represent a different kind of tort, a tort is a civil wrong or wrongful act, which can be either intentional or accidental, from which injury occurs to another (Hill & Hill n.d.). The torts are as listed, intentional, criminal, negligence, and liability as presented in the four researched cases.