Negligence : Negligent When He Was Driving The Ambulance Carrying Alice Without The Sirens

749 Words Nov 20th, 2016 3 Pages
Issue #1 The issue is whether Dan was negligent when he was driving the ambulance carrying Alice without the sirens on.
Rule
Negligence is the failure to exercise the care and caution which a reasonable and prudent person ordinarily would exercise under like conditions and circumstances.
Negligence requires a duty of reasonable care to the plaintiff, a breach of that duty, causation, and actual damages to occur.
Duty means an actor is required to a certain standard of conduct for the protection of others from unreasonable risks.
Breach of duty means a failure to conform to the required standard of care. causation means a casual relationship between the conduct and the injury, two types include cause in fact and proximate cause. cause in fact means but for D’s negligence the injury would not have been sustained.
Damage is injury resulting to the interests of another.
Analysis
Here, Dan had a duty to Alice because he was the driver of the ambulance, tasked with transporting Alice. Dan is a professional that drives and ambulance, which requires the proper training and education. The purpose of that training is to complete the main objective, which is transporting injured people. Dan being the driver of this ambulance had a Duty to fallow his training and get Alice to the hospital to treat her injuries. Performing under the stand of conduct taught, the duty of Dan is to use his training to protect against unreasonable risks. Here, Dan breached his duty to Alice because he…

Related Documents