Negligence Research Paper
Activity 12
Pg. 59 #1
1. Provide a broad definition of negligence.
Negligence may be broadly defined as the failure to exercise reasonable care to avoid injuring their property. The situation of each case is how the definition of reasonable care is concluded. Most of the time negligence is linked directly to carelessness. The four factors associated and required for the existence of negligence surround the party that owed a duty. Negligence is present when there is a duty of care. The duty is breached by the tortfeasor, there is causation of injury, and damages to the victim of the injury. The first element of negligence is the obligation to obey the law by acting responsibly in order to avoid injuring others. An example of the duty
of reasonable care would be a roller coaster operator owing a duty of reasonable care to the public to be attentive and control the ride properly in order to avoid harming others. The next element piecing together negligence is would be that there has been a breach of duty. This happens when a person’s actions fall below a certain expectation of care. If a certain injury is foreseeable, then one must take the proper precautions to avoid the expected causes for harm. If the precautions aren’t taken there would be a breach of duty. The third piece of the negligence puzzle is proving the case is causative for the injury. The defendant cannot be considered negligent without there being a direct connection in which the action committed to contribute to the injury itself. In order to prove this to be a fact both cause-in-fact and proximate cause must be present. The final element needed to be proven before a claim of negligence can be made is that there were damages for the harm caused. This is the restitution for the injuries that the plaintiff suffered as a direct result of the tortfeasor’s actions. A court will not compensate a victim unless there was documentable harm.
What key factors are involved in analyzing negligence problems?
Negligence resembles probability theory instead of something as precise and straight forward as a math equation. This implies that it is difficult to discern clear lines for negligent behavior where specific conduct is more probable than not to be considered negligent. To analyze negligence problems is to decide whether or not the tortfeasor acted reasonably under the conditions. The defendant can be found negligent by either am not doing something.
Pg. 59 #1
1. Provide a broad definition of negligence.
Negligence may be broadly defined as the failure to exercise reasonable care to avoid injuring their property. The situation of each case is how the definition of reasonable care is concluded. Most of the time negligence is linked directly to carelessness. The four factors associated and required for the existence of negligence surround the party that owed a duty. Negligence is present when there is a duty of care. The duty is breached by the tortfeasor, there is causation of injury, and damages to the victim of the injury. The first element of negligence is the obligation to obey the law by acting responsibly in order to avoid injuring others. An example of the duty
of reasonable care would be a roller coaster operator owing a duty of reasonable care to the public to be attentive and control the ride properly in order to avoid harming others. The next element piecing together negligence is would be that there has been a breach of duty. This happens when a person’s actions fall below a certain expectation of care. If a certain injury is foreseeable, then one must take the proper precautions to avoid the expected causes for harm. If the precautions aren’t taken there would be a breach of duty. The third piece of the negligence puzzle is proving the case is causative for the injury. The defendant cannot be considered negligent without there being a direct connection in which the action committed to contribute to the injury itself. In order to prove this to be a fact both cause-in-fact and proximate cause must be present. The final element needed to be proven before a claim of negligence can be made is that there were damages for the harm caused. This is the restitution for the injuries that the plaintiff suffered as a direct result of the tortfeasor’s actions. A court will not compensate a victim unless there was documentable harm.
What key factors are involved in analyzing negligence problems?
Negligence resembles probability theory instead of something as precise and straight forward as a math equation. This implies that it is difficult to discern clear lines for negligent behavior where specific conduct is more probable than not to be considered negligent. To analyze negligence problems is to decide whether or not the tortfeasor acted reasonably under the conditions. The defendant can be found negligent by either am not doing something.