State Law: Tort Law
Tort Law
Tort laws are laws that usually involve state law and civil suits. State law are based on the legal premise that individuals are liable for the consequences of their conduct if it results in injury to others while civil suits are actions brought to protect an individual 's private rights. A body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others (Tort Law, 2013). There are three elements in every tort action. For the first, the plaintiff must show that the defendant was under a legal duty to act in a certain fashion. Second, the plaintiff must show that the defendant failed to perform his or her duty. The …show more content…
If a student wanted to take a teacher to court for negligence the four elements would have to be present. The teacher must have a duty to protect students from unreasonable risks, the teacher must have failed in the duty by not exercising a reasonable standard of care, there must be a causal connection between the breach of the duty to care and the resulting injury and last there must be some actual physical or mental injury resulting from the negligence (Drye, J.M., 2013). Some students will start a fight in the hall way and when a teacher tries to break it up pulling one student in to a different room or down the hall way by the arms or wrist, that student will try to take the teacher to court for violating their …show more content…
In 1976 the Medical Devices Amendment to the Food, Drug and Cosmetic Act (MDA) became law and grandfathered in existing devices which included breast implants. Breast implants remained on the market until the FDA could classify and regulate them. The FDA worried about the scar tissue that forms around the implant and the long term effects of the toxic silicone that could leak and cause possible health effects. They finally classified silicone gel breast implants as Class III devices, the most stringently regulated category in 1982 (Tort Law, 2013). From there it went downhill for Dow Corning, Inc. That same year a law suit was filed against them for ruptured implants. Dow Corning, Inc. knew the implants could rupture and failed to do any type of research so the jury awarded the plaintiff $200,000 in damages and $1.2 million in punitive
Tort laws are laws that usually involve state law and civil suits. State law are based on the legal premise that individuals are liable for the consequences of their conduct if it results in injury to others while civil suits are actions brought to protect an individual 's private rights. A body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others (Tort Law, 2013). There are three elements in every tort action. For the first, the plaintiff must show that the defendant was under a legal duty to act in a certain fashion. Second, the plaintiff must show that the defendant failed to perform his or her duty. The …show more content…
If a student wanted to take a teacher to court for negligence the four elements would have to be present. The teacher must have a duty to protect students from unreasonable risks, the teacher must have failed in the duty by not exercising a reasonable standard of care, there must be a causal connection between the breach of the duty to care and the resulting injury and last there must be some actual physical or mental injury resulting from the negligence (Drye, J.M., 2013). Some students will start a fight in the hall way and when a teacher tries to break it up pulling one student in to a different room or down the hall way by the arms or wrist, that student will try to take the teacher to court for violating their …show more content…
In 1976 the Medical Devices Amendment to the Food, Drug and Cosmetic Act (MDA) became law and grandfathered in existing devices which included breast implants. Breast implants remained on the market until the FDA could classify and regulate them. The FDA worried about the scar tissue that forms around the implant and the long term effects of the toxic silicone that could leak and cause possible health effects. They finally classified silicone gel breast implants as Class III devices, the most stringently regulated category in 1982 (Tort Law, 2013). From there it went downhill for Dow Corning, Inc. That same year a law suit was filed against them for ruptured implants. Dow Corning, Inc. knew the implants could rupture and failed to do any type of research so the jury awarded the plaintiff $200,000 in damages and $1.2 million in punitive