Tort law

Tort Liability Tort Liability is the legal obligation to a victim who has been wronged by neglect. There are several issues of tort liability that come up for a principal. In discussing this with Mrs. Williams, she brought up several instances when tort liability is an issue for her. Constant vigilance in her decision making about what the school’s liability would be if she said yes to a certain request. She reminds herself often about how to ensure that no one is injured or wronged because…

When you decide to sue the person or company responsible for your injury your case may either go to trial or it may be settled outside of court. Regardless of what route your case takes, it is still important to build a strong case in order to win. If you have not taken the time to gather evidence to present at the settlement meetings, then they will present you with a low offer. In addition, if the jury feels as though the evidence presented is weak, they will award a small amount. Therefore,…

An extensive range of laws and principles regarding negligence within health care practice have been introduced by the Australian courts. Many of these laws and principles have been set in place in order to guide health care practice, as well as protect practitioners from legal claims. Throughout this piece, the laws, principles and guidelines put in place by the Australian courts will be explored regarding negligence in health practice, including those that are aimed to support the rights of…

Phil Phillips sued Dryette in Texas District Court under the negligence theory and Strict liability because their product drymax2000 has design and manufacturing defect which badly injured him and kept him out of his job for 16 months. Phillips resides in Houston –TX and wants 1 million dollars in damages. He suffered real injuries and his real damages were $180K, which caused him several burns in a hotel in Germany during his trip in 2012. Under Goodyear v. Brown, the court defined that…

Nonmaleficence refers to the ethical norm of avoiding causation of harm. 33 It rests on the dictum of primum non nocere, ie, the provider’s obligation not to injure or harm patients and to refrain from actions that would harm them. The term “actions that would harm” highlights the fallibility of medicine, where harm is not always a predictable outcome but based on the probabilities of side effects and complications. Of course, adverse events imply maleficent conduct because harm was not…

M1- The law of negligence and rules on damages in given situations. There are many examples in the media of negligence which were successful or unsuccessful in recovering damages. There was an article of a mother who had a botched delivery which left her child needing life long care. Suzanne Adams was in labour with her son James, the midwife either ignored or could not interpret the CTG trace on the heart monitor. The monitor showed that the heart rate of James was abnormal as he was in…

Jenner (Defendant) experienced an epileptic seizure while operating his vehicle that crashed into Maxine Hammontree (Plaintiffs) bicycle store causing her personal injuries and property damage to the shop owned by her. Plaintiff sued the defendant for negligence and total liability. However, the court rejected to impose absolute liability. The case was appealed by Los Angeles County Supreme Court. Facts: Jenner (Defendant) has had seizures in the past, but not since the DMV issued him a…

Lucas’ conduct despite prior knowledge and certainty of its effects on Wideman are sufficient to constitute her actions as reckless. This statement is supported in the controlling case, Jones v. Harris, 35 Md. App. 556, 371 A.2d 1104 (1977), in which the defendant’s actions are considered to be reckless disregard as the defendant wants to inflict emotional distress on the plaintiff, in addition to the fact that he knows that it is certain to cause the plaintiff emotional distress. In our case,…

Regulski v Victoria (2015) FCA 206 Material Facts Mr. Regulski was an employee for the Victorian Department of Justice as a compliance inspector. Wile employed, Mr. Regulski received a complaint that was made by one of his co-workers. As a result, Mr. Regulski was asked to attend to his manager’s office. Mr. Regulski described that his manager made vile comments towards him, causing him to suffer psychological torment, where he was not able to return to his normal work. Mr. Regulski…

She then placed a law suit on all lead paint distributors from 1900-1974 not knowing which companies' product caused the damages. In relation, to Collins v. Eli Lilly co. The court said that without knowing what company caused the harm she couldn’t sue all 5 companies…