Negligence

When discussing a personal injury case, “damages” simply refers to the losses that the victim experienced. An accident attorney from Ganim, Ganim & Ganim, P.C. in Bridgeport, CT, can help you determine what kind of damages you should seek compensation for if you sustained serious injuries in an accident that was not your fault. Here are three different types of personal injury damages: Special Compensatory Damages: The main purpose of special compensatory damages is to compensate for any…

A number of individuals have suggested that liability suits have become a game in which evidence may not matter, such as the case HONDA OF AMERICA MANUFACTURE VS BRIAN NORMAN. The incident that began the product liability lawsuit began on December 2, 1992 at 2:00 am. The daughter of the Norman’s, Karen Norman was backing out when she ran into a ramp near the Galveston bay. Karen was not able to maneuver the 1991 Honda civic with two point passive restraint system that drawn up above the…

The case of Brian Dailey and Ruth Garratt is a good example to demonstrate the concepts that we have learned in this week’s reading and assignments regarding torts. It involves the liability of a minor for an intentional tort. According to the article published by Lawnix, a five-year-old boy, Brian Dailey, was accused of a battery when he pulled a chair out from under Ruth Garratt just as she was going to sit down and caused her to fall and broke her hip. Ruth brought a tort claim against Dailey…

Rosa can sue Annette for torts, due to her failure to keep her friend company safe. Annette can be charged with Wrongful Interference with a Business Relationship. She had created a promise with Rosa, to be her book keeper, but she betrayed her position, to create her own business. She no only went against her friend's trust, but she ruined her friend's coffee shop reputation. Annette can by criminally prosecuted in criminal Court. The charges she may face are Obtaining Goods by False…

Does corrective justice provide a useful tool with which to analyse the UK’s accident compensation system? Introduction: In spite of the recent interest in corrective justice, there is no universal agreement as to its meaning. The term accident will not be constricted to its strict legal definition (in that it would only be accidental if unforeseeable or foreseeable but unpreventable) The UK’s accident compensation system is made up three sub-systems: 1. First party insurance 2. Tort…

actions reasonable enough for general standards in the perfect knowledge of the practitioner. For instance, it is unreasonable to expect from an optometrist to operate upon a patient having hearing impairment. Whether criminal or civil, medical negligence has three main components (1) duty, (2) Breach of the duty & (3) resulting damage out of the breach. Accordingly, a medical practitioner can be held liable on any of the two findings (1) he does not have the skills which he claims or (2) he…

caused due to medical negligence, breach of consent, and breach of confidentiality arising out of a doctor patient relationship. What Is Medical Negligence? Negligence is simply failure to perform an act with due care and caution. The three ingredients of negligence are as follows: 1. The defendant owed a duty of care towards the plaintiff 2. The defendant has breached his duty of care. 3. The plaintiff suffers an injury on account of his breach. In cases of medical negligence, it is the…

many deaths to come due to brain damage I would like to present my compelling argument for why negligence in the NFL continues to be swept under the rug? You must first understand that this has been a practice in the NFL…

Author: Anabel Rotger Based on the information obtained from the textbook in chapter 6, I decided to select an article related to negligence and medical malpractice. I found this article in nj.com dated September 15, 2016. It is about former Bergen County, New Jersey prosecutor John Molinelli is suing the Hackensack University Medical Group Urology Department, his urologist and other members of the urology department such as unnamed nurses and doctors for misdiagnosis and lack of treatment back…

“The main test for establishing factual causation in an action for negligence- but for the defendant`s breach of duty the damage would not have occurred”. a. OSCOLA for footnote: Chris Turner `Unlocking Torts` (4th edn, Taylor &Francis 2014) 80 b. OSCOLA for bibliography: Turner C, Unlocking Torts 4th edn. (Taylor &Francis) 2014 2. “Causation is established by proving that the defendant`s breach of duty was, as a matter of fact, a cause of the damage. To decide this issue the first question…