In this paper, I will discuss and evaluate the potential liability in the case of Bobby’s double hands amputation with emphasis on the elements of negligence of this case if any. I will also discuss comparative negligence and its application to the analysis of liability. In this case, I do not see any potential liability or other forms of torts against Bobby or Racheal. Bobby and Racheal are young children who are trying to have fun but it was unfortunate that Bobby unintentionally cut his wrist while playing basketball.
ACE Sports: I believe that ACE Sports should face a potential product liability. Cornell University Law School defines product liability as, “Product liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product” ("Products Liability", n.d.). Based on the determination of defect in their product which resulted into Bobby’s injury, that is, small pieces of metal sticking out of it.
These metal pieces sticking out will serve as a concrete evidence against ACE Sports in the court of law. ACE Sports should also be charge of negligence under the element of “causation”. According to "Elements of a Negligence Case" (2014), “Under the traditional rules in negligence cases, a plaintiff must prove that the defendant 's actions actually caused the plaintiff 's …show more content…
Duty as an element of negligence means that the defendant owned a duty to the plaintiff if a relationship is established between them ("Elements of a Negligence Case", 2014). In this scenario, a nurse-patient relationship was established and the failure of Nurse Williams to fully perform her duty can be considered negligence. Conversely, it can be argued that parental consent is needed before health care can be provided to minorities which might explained the reasoning behind Nurse Williams’
ACE Sports: I believe that ACE Sports should face a potential product liability. Cornell University Law School defines product liability as, “Product liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product” ("Products Liability", n.d.). Based on the determination of defect in their product which resulted into Bobby’s injury, that is, small pieces of metal sticking out of it.
These metal pieces sticking out will serve as a concrete evidence against ACE Sports in the court of law. ACE Sports should also be charge of negligence under the element of “causation”. According to "Elements of a Negligence Case" (2014), “Under the traditional rules in negligence cases, a plaintiff must prove that the defendant 's actions actually caused the plaintiff 's …show more content…
Duty as an element of negligence means that the defendant owned a duty to the plaintiff if a relationship is established between them ("Elements of a Negligence Case", 2014). In this scenario, a nurse-patient relationship was established and the failure of Nurse Williams to fully perform her duty can be considered negligence. Conversely, it can be argued that parental consent is needed before health care can be provided to minorities which might explained the reasoning behind Nurse Williams’