Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances the four elements the plaintiff must prove to win this case against the grocery store would be.
Element 1: Duty which is to look to see whether or not the defendant owed the plaintiff a legal duty of care. In some circumstances, the relationship between the plaintiff and defendant might create a legal duty a explain would be a lawyer and a person asking for legal help which then creates a duty for the lawyer to help that person.
Element 2: Breach of Duty which means the court will look to see whether the defendant breached this duty by doing that a reasonably prudent person would do under similar circumstances. The term reasonably …show more content…
If the plaintiff has assumed such a risk, they cannot recover damages for any harm resulting from the defendant’s conduct, even if the defendant was negligent or reckless. An example for this would be if a person were to ride a roller coaster but hits his head on the ride that person may file a lawsuit on the park for damages caused by the ride.
Comparative negligence, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiff's own negligence contributed to cause the injury. A example for this question would be if a person was to drive at night and suddenly a man runs into the driveway which causes the diver to hit him the fault for this case is not clear cut the reason being both parties are responsible for the accidents which helps explain what comparative negligence is about.
Contributory negligence in common-law jurisdictions is generally a defense to a claim based on negligence, an action in tort. An example for this would be Negligence on the part of an injured plaintiff which, combined with the negligence of the defendant, caused the injury or
Element 1: Duty which is to look to see whether or not the defendant owed the plaintiff a legal duty of care. In some circumstances, the relationship between the plaintiff and defendant might create a legal duty a explain would be a lawyer and a person asking for legal help which then creates a duty for the lawyer to help that person.
Element 2: Breach of Duty which means the court will look to see whether the defendant breached this duty by doing that a reasonably prudent person would do under similar circumstances. The term reasonably …show more content…
If the plaintiff has assumed such a risk, they cannot recover damages for any harm resulting from the defendant’s conduct, even if the defendant was negligent or reckless. An example for this would be if a person were to ride a roller coaster but hits his head on the ride that person may file a lawsuit on the park for damages caused by the ride.
Comparative negligence, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiff's own negligence contributed to cause the injury. A example for this question would be if a person was to drive at night and suddenly a man runs into the driveway which causes the diver to hit him the fault for this case is not clear cut the reason being both parties are responsible for the accidents which helps explain what comparative negligence is about.
Contributory negligence in common-law jurisdictions is generally a defense to a claim based on negligence, an action in tort. An example for this would be Negligence on the part of an injured plaintiff which, combined with the negligence of the defendant, caused the injury or