Who Is To Blame For Unintentional Torts

1. Based on the above scenario, who is to blame, Why?
Based on the scenario it seems that the construction company on campus is at fault for Unintentional Torts. Which if we look at the four elements we need to prove to succeed in a negligence action we will see that the construction company is at fault. The first one being duty, the construction company had an obligation to make sure that the area they are constructing be closed off and have any signed showing the area is closed off. If they would have done that then the accident could have been avoided. They also breached their duty of reasonable care. As we have all seen in any construction site even the one on our own campus any area that may be dangerous is closed off with either a chain linked fence or caution tape. So, we can see that the construction company breached their duty of care because they showed less care than any other construction company would. Now if we looked at causation we see that the construction company breach in their duty of care caused Bob’s injures. If they would have closed off the area Bob would have not entered the area and gotten hurt. Now for the last element Damages, which is the injures bob got from when he fell and got hurt from some scrap metal. Which if the construction company had closed of the area probably he wouldn’t have gotten injured. So, as we see all four elements of negligence has been satisfied. If Bob files a lawsuit he would win because he will be able to prove all four elements of negligence. …show more content…
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