In the case at Gigantic State University, students that were a part of the SFT committed several careless acts. Within this particular case there was a definite crime that was committed because both Prudence’s physical and mental integrity was harmed. Not only could this case be classified according to the textbook as an intentional tort against persons but could be put into intentional tort against property. Torts against persons are intentional acts that harm an individual’s physical or mental integrity (Kubasek, pg. 111). A person who is legally injured may be able to use tort law to recover damages from someone who is legally responsible, or “liable,” for those injuries. According to the case, Prudence’s physical integrity was harmed…
Mary is cutting weeds at her home. She is unable to trim some weeds she finds, because they grew between the rocks, so she removes the protective guard on the weed trimmer and trims the weeds. There are no warnings on the weed trimmer advising against removing the guard. She hits a rock, which is thrown to the side, hitting her neighbor in the eye and causing permanent damage. What kind of tort claim does the neighbor have? Who are the possible defendants?…
Intentional torts: harm caused by deliberate action. Ex: newspaper columnist who wrongly accuses someone of being a drunk has committed intentional torts…
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.…
• In order to determine if a child is behaving negligently, a child must conform to what a reasonable person of like, age, intelligence, and experience under like circumstances.…
There are two different types of torts intentional torts and negligence. An intentional tort is a harm that a person desires or intends to bring about; as opposed to harms that are a result of carelessness. Intentional torts are as follows: 1) assault, 2) battery, 3) false imprisonment, 4) intentional infliction of emotional distress, 5) trespass to land, 6) trespass to chattels, and 7) conversion.…
Negligence is a failure to use reasonable care that results in harm to another party.…
There are two types of medical malpractice: commission and omission. Medical malpractice by commission is when your doctor did something to you which resulted in your injury. For example, your doctor operated the wrong hand.…
According to Commercial Escrow Company v. Rockport Rebel, negligence is a “conduct, which falls below the standard established by law for the protection of others”. And in this case, Mechanics National Bank failed to remove the lien on Ms. Warren’s Lagoon Beach property, which means it, fell beneath the standard for civic protection recognized by law.…
Legal: The four elements that demonstrate negligence that can lead to a medical malpractice lawsuit includes the following four according to our course note book and our instructor Kristin J. Kjensurd. 1st Clinician owed a legal duty of care to patient, 2nd clinician violated the duty of care, 3rd Duty of care violation caused injury to patient and 4th Patient suffered harm requiring compensation. In the article I read, all four elements that demonstrated negligence were violated by the clinician Cammy Elaine Nye. The 1st element Nye violated was her responsibility as a CNA to provide a professional level of care. As someone who is perusing a carrier in the healthcare field I feel that it’s our responsibility to provide a level of care that we are entrusted with, which I feel Nye failed to do. She put herself before the patient by not mentioning the incident that lead to Mrs.…
* Intentional Torts – involve intentional, rather than merely careless conduct; assault/battery, invasion of privacy, false imprisonment, trespass to land & the interference with chattels.…
. Identify and explain the four elements of proof necessary for a plaintiff to prove a…
Negligence can be defined as failure to take the proper steps to prevent injury or illness to a person. Malpractice occurs when someone lacking the skill and training causes injury to a patient (Buzzachi, Scellato, & Ughetto, 2016). Malpractice claims are much more common that we think. In the United States, there are anywhere from 15,000-19,000 malpractice claims per year. The relationship between the patient and the provider is fostered and maintained through trust.…
Birth injuries to a child or the mother can happen through no one's fault, but there are situations where an injury could have been prevented. Through negligence on the part of a doctor or hospital staff, a child is harmed. This injury can have an impact throughout the child's life. A parent may be entitled to compensation for the increased medical and child care expenses due to this injury. The following are three situations when you should contact a personal injury attorney for consultation.…
Punishing the morally innocent is something our justice system usually refrains from doing. In order to be considered criminally responsible for a crime, mens rea and actus reus must coincide at a specific point in time. In the case of R v. A.D.H, the accused was charged with unlawfully abandoning a child under the age of ten years, in accordance with section 218 of the Criminal Code. I agree with the decision to acquit the accused, as the Crown failed to prove the mens rea beyond a reasonable doubt. The decision to acquit is correct because firstly, the highest court in Canada, the Supreme Court, which also creates precedents and case laws at the top-level decided to acquit her. Secondly, there was a minority opinion amongst the judges which…