Case 5.2: Negligence

998 Words 4 Pages
Case 5.2: Negligence on page 101

Negligence is defined as “failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not.” ( Legal Dictionary, 2017) “Under the doctrine of unintentional tort, commonly referred to as negligence, a person is liable for harm that is the foreseeable consequence of his or her actions.” (Cheeseman, 2013, pp.91) To be a successful case of negligence, it must pass these five tests: “(1) the defendant owed a duty of care to the plaintiff, (2) the defendant breached this duty of care, (3) the plaintiff suffered injury, (4) the defendant’s negligent act caused the plaintiff’s injury and (5) the defendant’s
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Strict liability is imposed for abnormally dangerous activities that cause injury or death.” (Cheeseman, 2013, …show more content…
It is equipped with a two trigger safety device, the nail gun must be pressed against the surface in which the user wants the nail placed and the users hand must press the trigger. In testing it was discovered that it can “fire up to nine nails per second if the trigger is continuously depressed and the gun is bounced along the work surface, constantly reactivating the muzzle safety/trigger.” (Cheeseman, 2013, pp.117) Also, it was noted that approximately every 15 firings it might double fire with the original nail size. Due to the fact that Senco desired to get the product out sooner, they did not allow proper time to test the new modifications. Therefore, they were unaware of the chances of it double firing with the longer nails. Without proper testing, Senco was also unable to properly warn users of the double fire potential.
John Lakin was also not very responsible in the usage of the gun. The case study noted that John was standing on his “Tip-toes”, therefore, not allowing himself a firm foot placement necessary to withstand any recoil. This lack of firm footing eventually led to his fall and injury. His extending his reach past the point of allowing property stability definitely put him at risk for injury. In addition, after the fall, John continued to hold the nail gun in his hand with the trigger compressed which allowed the gun to fire when it

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