Negligence

debris hit Homer, causing serious injuries’. As you can see from this Homer was a primary victim of psychiatric injury as he was directly involved and at danger when the fryer exploded. As a primary victim, Homer can recover under the normal rules of negligence as seen below. Homer only needs to establish that physical harm was foreseeable to be successful in a claim against the defendant. In the question it states that Homer was the victim of serious injury’s which would mean this would be…

The duty of care in respect of psychiatric illness is subject to special restrictions and requirements for all types of duty of care in respect to psychiatric illness to arise, the psychiatric illness must be a recognised psychiatric illness (RPI), but not free-standing mental injuries such as grief, distress, anxiety or shock. In the case of the Carly if her mental condition is proved on the grounds of the medical evidence then she will be the primary victim of the dangerous situation created…

A. A Court Will Likely Find A Reasonably Close Causal Connection Between Dr. Hou’s Conduct And Actual Injury Sustained By Ms. Perez’s Mare Because The Mare Experienced The Same Severe Reaction It Had Experienced The Previous Time It Was Administered That Brand Of Vaccine, Requiring The Mare To Be Treated For Several Months Costing Approximately $50,000 A cause of action for veterinary malpractice must prove not only that the defendant breached their duty by violating the standard of care, but…

Like the victim in Hinman, Joanie Blake will prove that Charles Harvey is liable for the damages sustained by Blake, based on the “direct and immediate” behavior of Harvey’s dogs (Lewellin 62). The said behavior led directly to Blake incurring significant injuries. The liability Harvey faces is reinforced by the Minnesota Statute that states, If a dog, without provocation, attacks or injures any person who is acting peaceably in any place where the person may lawfully be, the owner of the dog…

between a plaintiff and a defendant. This test has become known as the “Kaparo test”. In this test, for a claim by the claimant against the defendant for alleged breach of duty of care and therefore negligence to succeed, the plaintiff must establish three main things or elements of the tort of negligence. First, that the harm, loss, injury or damage allegedly caused by the claimant was reasonably foreseeable;…

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…

she was attempting to climb out of the toilet she steeped on the toilet and then on the toilet roll holder but the toilet roll holder gave way and she was injured. The court held that the harm suffered was a direct consequence of the defendant’s negligence, but the claimant had been careless in stepping on the toilet roll holder and the damages would be reduced by 25 percent (Deakin, Johnston, and Markensis, 2012). In Allan’s case, he is liable to the harm cause to Bill and Dave. Although Bill…

(I) One of the machine operators, Aron, suffered serious injuries to his hand when the machine he was working on jammed and pulled his hand into it. It had not been regularly serviced as was required. It could be assumed that Aron didn’t take due care when handling the machine he was working on however with Theo being his employer Aron was owed a duty of care. The term for this is common law whereby all employers have a duty of care imposed on them to protect their employees. Due to the fact…

to accept the distinction between primary and secondary victim that was originally adopted in the United Kingdom. Primary victim is the person who involved in the incident and has real or foreseeable physical harm as a result of another party’s negligence. Under the law from UK, the primary victim was not required to show that the psychiatric harm was foreseeable given the personal injury was foreseeable. Secondary victim The Court ruled that the psychiatric harm must be foreseeable for…

her rights and whether Wang Wei or his employer which named Scuba Eats liable for the harm of Li Min? Rules: This case refers to three parties, the plaintiff- Li Min, the defendants- Wang Wei and SucubaEats. This omission is in the category of negligence of tort law which is defined as the tortfeasor failed to take some reasonable measures to prevent loss, damage, and injury. First, the duty of care exists in any situation where one party get loss, damage or injury which is ‘reasonably…