Sonia's Failure: A Case Of Negligence

Establishing negligence requires the plaintiff to prove the three elements of negligence before a court. The elements are that, the defendant owed the plaintiff a duty of care, the duty of care was breached, and that the harms suffered were directly related to the defendant’s breach. For a successful claims the plaintiff must satisfy all three by the balance of probabilities, which has been the case since Donohue v Stevenson. Simon must therefore prove that there was a duty of care owed to him by the defendant, his teacher, Mr Philpot. Therefore, he must prove that the harm suffered would have been reasonably foreseeable due to the actions or omission of the defendant. In this case, Mr Philpot owes Simon a duty of care, as it is reasonably foreseeable that a failure to provide sufficient supervision could result in injury when considering the nature of the environment they are in and the age of the students. Therefore, the first element is satisfied.

The plaintiff was a student of his class and the defendant evidence was that he was unaware of the firing of pellets but the if he had had been aware he would have without a doubt taken the actions to shut it down and stop the pellets being shot across the class room. If the defendant had taken actions to stop the students from doing these actions the chain of causations would have been avoided and the student wouldn’t have been struck in the eye by a paper pellet. A case related to this Johns v Minister of Education, Chinner and Beck (1981) 28 SASR 206 the defendant was being sued for negligence. The case was the defendant who had been teaching a class when she had become aware of two boys using catapults to fire ballpoint pens. The defendant told the students to throw the catapults in the bin and later in that lesson she was not aware that a student had retained a catapult and the plaintiff was struck in the eye when a ballpoint pen was discharged by a catapult. In this case the teacher cannot be found negligence because she had told all students to throw out the catapults and to her knowledge they had and so in comparison to the first case the teacher was not adequately supervising the class and had not stopped the students from shooting paper pellets across the

To sum up, based on the law of negligence, the issues and precedents, Rebecca could win this case by legal process. Because the defendant ‘Zorba’s’ Restaurant owns a duty of care to Rebecca, the restaurant has breached that duty of care;

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.

Social value of the defendants action is took into consideration in certain cases. If the purpose of the actions took by the defendant is of value to society, abnormal risk is justified. In Watt vs Hertfordshire 1954, a victim was trapped under a vehicle at the scene of a road accident, A heavy duty jack was needed to lift the vehicle but the vehicle used to transport it was unavailable. Whilst holding the jack on place on a vehicle unsuitable for the transportation, a fireman injured his back. The fireman sued his employers for negligence but failed in his actions because the social values of the defendants’ action were valuable as lives were at risk.

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).

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.

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)

Alexis- Negligence and Intentional torts both contribute to the health industry. Negligence is something that most people sue for, and all health professionals should understand how to avoid these situations. For example: the physician should make sure he/she has a complete understanding about the individual medical need, before releasing them. By doing this they can avoid the chances of misdiagnosing or creating mire problems. Protecting the patients right is and should a mission for each health provider to avoid a potential law suit. All professional should be knowledgeable about the importance of intentional torts a how to avoid crossing that path. Fastidious discussion post for this module, keep up the good work.

For a negligence claim to be successful, it must be proven that the State Of Victoria owed our client such

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

The main idea of the law of negligence is to ensure that people exercise reasonable care when they act by measuring the potential harm that may foreseeably cause harm to other people. Negligence is the principal trigger for liability to ascend in matters that deal with the loss of property of personal injury. Therefore, a person cannot be liable for something unless they have been found negligent or have contributed to the loss of property or injury to the plaintiff (Stuhmcke, 2005). There is more to