Tort case scenarios
Tort Case Scenarios
Tort Case Scenarios The scenarios below provide several examples of torts to include negligence, unintentional torts, intentional torts, assault, battery, etc. Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party (Cornell, 2010).
Scenario 1 Scenario 1 has multiple instances that happen during the game that raises attention between people. Most of these instances have enough evidence to go to court and possibly win the case. Scenario 1 starts out by Daniel and his son going to the football game. During the game, one of the fans gets hurt due to one of the players…show more content…
Here, an old lady gets trampled by the rushing crowd and is seriously injured. Several guests suffer smoke inhalation and burns. Once Ana arrives to the Hospital she is submitted to the operating room where the surgeon mistakes her for another patient and amputates her right leg.
Potential Defendants The potential plaintiffs are Ana, old lady, and the guests. The potential defendants are the Italian Restaurant, the waiters, and the surgeon. There are different torts that can be found in this case, such as: infliction of emotional distress, negligence, duty of care, actual cause, negligent infliction of emotional distress, and res ipsa loquitur.
Res Ipsa Loquitur Anna may file all of the items stated above for several obvious reasons. In the manner of infliction of emotional distress Anna has suffered severe injury to herself in an unexpected environment as well as having to deal with her leg being amputated for the rest of her life. In the manner of negligence, the restaurant was negligent in not ensuring that her meal was free of foreign objects. In the manner of duty of care, the surgeon operating on her negligently did not review her file correctly and confused her for another patient which led him to amputate her leg. This also leads to actual cause in which there was the actual cause of negligence in the manner of operating on Anna. Anna will also be able to file for Res Ipsa Loquitur because it is the