On August 12, 1996, Plaintiff, Ann Culpepper, filled action against defendant, Hermann Weihrauch KG, ETC., seeking damages for injuries she sustained after an accidental shooting from the gun she owned that was manufactured by Weihrauch. Ann Culpepper imposed liability on Weihrauch under the Alabama Extended Manufacturer’s Liability Doctrine of 1979. This doctrine provides liability “if a company manufactured, designed or sold a defective product, which by unreasonably unsafe conditions, injured someone or damaged their property when such product, unaltered, was put to its intended use.”…
Case Reviewed George L. Riggs, Inc. v. CIR., 64 TC 474 (1975), acq. 1976-2 C.B. 2.…
In the case of Peterson v. Donahue, Neal Peterson sued David Donahue for negligence after a ski collision that occurred while both parties were on the ski slopes. Eleven year old Peterson was coming down the slopes very fast when he collided with forty three year old, advanced skier, Donahue who was skating across the slope toward the parking lot. Donahue saw Peterson seconds before the impact which knocked him out of his skis ten to twelve feet down the slope and knocked Peterson unconscious. Peterson sought recovery for the accident by filing a suit in the Minnesota State Court against Donahue alleging negligence.…
Analysis: Samantha is not able to prove that the grocery store had any knowledge of the hazardous substance on the floor; therefore, the grocery store was not negligent in its duty to the customer and cannot be held liable for Samantha’s injuries.…
Jason, Inc. manufactures chain saws. Margie is injured while using a chain saw manufactured by Jason, Inc. and sues the company for product liability based on negligence. To win, Margie must show that…
The tort of negligence in this scenario includes the five essential elements of negligence, duty, breach of duty, the breach being the cause of injury, proximate, and the resulting damages (Lucas, 2008). In a case of negligence the individual or company may be held liable not only with negligence but sometimes with trespass, injury, and even mental or emotional harm (Lucas, 2008). However, the law requires these elements are proven in order to recover in a law suit against a torfeasor for negligence (Melvin,…
The most common types of product liability cases are based on the following types of defects:…
However, he took no measures to secure the tools either by fastening a lock or relocating the toolbox to a less accessible location. His failure to protect the children from the potential harm arising from their use of the tools is a breach of his duty owed to the plaintiff. Causation - The defendant’s son was able to obtain dangerous instruments, a hammer and nail, which were housed within an accessible toolbox. While using the hammer to make a blow to a nail, the nail flew out from the wood and stuck the neighbor. Actual Injury - The nail strike chipped the neighbor’s front teeth, bloodied his nose, and gashed his cheek.…
To sue for negligence, the plaintiff must establish that the defendant breached its duty of care, creating an unreasonable risk to harm and such negligence or carelessness was the proximate cause of the plaintiff's injury.…
Bob has a dispute with Ace Company over a perceived product defect. Bob hires a lawyer and after discussing the facts and issues, Bob’s attorney agrees to file a lawsuit against Ace.…
Connie Spears, whom had with a history of blood clots, arrived at Christus Santa Rosa Hospital’s emergency room of Texas in 2010 with unbearable leg discomfort. She was diagnosed with something minor and went home only to find herself in agonizing pain few days later. Emergency personnel escorted her to another hospital and found a massive blood clot and tissue damage. The doctors surgically removed both legs in order to save her life.…
One very important issue in this case and many civil lawsuits is negligence. Negligence is when there is a failure to use reasonable care which results in injury or damage to another. It also asks who is responsible for one’s injury. In this case, Mrs. McKoy claims her injuries were caused by T & J’s negligent behavior. In order to prove negligence, T & J must be guilty of five elements: duty of due care, breach, factual cause, proximate cause, and damages.…
Negligence law states that a person or an organization is generally liable when they negligently injure others.…
Good Afternoon Mr. Scholl as discussed earlier you wanted me to complete a SWOT analysis I have enclosed a SWOT analysis of the content in which you requested. As well as a summary of what is looked for when complete an SWOT analysis for the company in which includes the competitive environment in which AutoEdge is going against as well as how in fact it will affect the company from moving forward.…
-Purpose is to reduce variation in care mgmt, limit costs of care, and to eval effectiveness of care.…