Duty of care

McKichan v. St. Louis Hockey Club, L.P was a 1998 personal injury case that made its way up to the Missouri Court of Appeals. The incident in question occurred on December 15, 1990 during a minor league hockey game between the Peoria Rivermen and the Milwaukee Admirals in Peoria, Illinois. The Peoria Rivermen is a subsidiary club of the defendant. The injury in question occurred during the third period of said hockey game when the plaintiff, who at the time was a goaltender for the Admirals, was…

Vicarious liability can be defined as holding an accused criminally liable for the unlawful conduct committed by another. It is associated with special relationships, for example the employer-employee relationship whereby the employer is held liable for a delict committed by their employee acting within the scope of his or her employment. It is a manifestation of strict liability from the perspective of the employer as he or she can be held liable for a crime in regards to which he or she does…

Trailer and Communicated with reasonable care and instructions that the Plaintiff was not to lift any Household items.…

Joan’s Theory Dr. Witt was negligent in failing to order an X-ray on multiple occasions, which caused injury to Joan. Issue: Did Dr. Witt treat Joan with a professional standard of care? Rule: “To establish professional medical negligence the evidence presented by the patient must show a violation of the degree of care and skill that required of a physician.” Smith v. Finch, 681 S.E. 2d 147 (Ga. 2009). Analysis: In order to establish a prima facie case against Dr. Witt, Joan will need…

Alexis Moss likely will not succeed in a claim of vicarious liability against Hitch, when Piper drove the vehicle involved in the accident that injured Alexis. The Alabama Supreme Court has noted that, “under the doctrine of respondeat superior a principal is vicariously liable for the torts of its agent if the tortious acts are committed within the line and scope of the agent's employment.” Martin v. Goodies Distrib., 695 So. 2d 1175, 1177 (Ala 1997). Vicarious liability has two requirements:…

Elements of Battery The law of torts is the compensation of losses suffered by private individuals in their legally protected interest through socially unreasonable conduct. Moreover, the law of torts seeks to protect bodily integrity and is actionable per se. Consider the following case of Moon v. Whitehead, the legal issue considered was consent in the tort of battery. Ms. Whitehead the respondent, plead that she retired to bed in an apartment she and the appellant were sharing in Sydney for…

principle agent relationship (employer / employee) is directly derivative from the common law master and servant relationship. The “Master and servant” relationship provide legally standing for determining liability. In the scripture it is the servant's duty to do his work in a faithful manner, however under the laws of agency the principals is liable for authorized acts or unauthorized acts of agents. However the principal can still look to find relief under Tort Liability. The agent is…

• Why do you think a society would address liability for civil wrongs separately from criminal wrongs? First, it is very necessary to understand what “civil wrong and criminal wrong” is, so we can have a better climate to discuss what is at stake. Civil wrong is “An action with a tort, an act against another person or their property, and, a breach of the terms of a contract”. (The law dictionary). On the other hand, a criminal wrong is the breaking of rules or laws for which some governing…

A court will likely find that Sean Winter’s abuse of authority contributes to a finding of outrageousness under Angeline Jean’s IIED claim. Abuse of authority, under Florida Law, is a factor that can strengthen the outrageousness element of an IIED claim. McAlpin v. Sokolay, 596 So.2d at 2. Abuse of authority occurs when a plaintiff suffers severe emotional distress as a consequence of a relationship with the defendant, who uses actual or apparent authority over the plaintiff or power to affect…

Protected Activity- Filing a formal complaint of discrimination or harassment with EEOC is a protected activity. Rebuttable Presumption: facts, that are accepted by a court until it is proved to the untrue. Relief Sought- Plaintiff must identify the damages or other relief sought in their complaint or pleading. Determining if they are seeking: Compensatory Damages- emotional injury to health status, inconvenience n, loss of enjoyment of life, injury to professional standing, injury to character…