BRETT LUCAS TRINITY COLLEGE L6 SCIENCE GEOGRAPHY CLIMATE CHANGE: NATURE OR NEGLIGENCE The climate of our world is changing‚ but why? There is a great debate going on in the scientific community on whether our current climate change crisis is a natural occurrence over millions of years – as what has happened on the planet of Mars – or this natural process is being accelerated by man’s negligence. But first we must establish what is climate change? Climate Change is a long-term shift in the
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Case 11-4 is about the conflict between the widow of the patient and the doctor. The plaintiff brought a lawsuit against the hospital and doctor Thota‚ arguing that it is defendants’ fault that led her husband to death. In contradiction‚ Thota claimed that due to the negligence and the unavoidable result that Ronnie would die‚ he would not be responsible in this case. In this case‚ the defendant‚ Thota‚ gave the explanation that it was related to contributory negligence‚ as he didn’t obtain the detailed
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Alee V. Bob’s Negligence Negligence requires a showing that a duty was owed‚ that the duty was breached‚ and that the breach was the actual and proximate cause of damages Special Duty- Land Occupier/Invitee A special duty arises in circumstances involving a land occupier. An invitee is one who enters upon the land of another with the owner’s permission for the purpose related to the activity. The landowner owes an invitee a duty of care to inspect and discover any dangerous condition and to make
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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. Duty of due care means that the defendant
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When it comes down to the basics strict liability actions and negligence actions go hand and hand. When the elements and defenses come into play the actions may differ‚ however‚ where one might not apply the other might apply depending on the extent of care taken by the tortfeasor. Negligence is defined as the failure to exercise reasonable care to avoid injuring others or the property belonging to others. This would be if somebody does not exercise the amount of care that a reasonable careful
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Negligence‚ duty and Breach of Duty. To constitute a legal action against some one’s negligence‚ several requirements to be fulfilled. First one is that there must exist some duty of care towards the plaintiff by the defendant. The second one is that the defendant should breach such duty of care imposed on him. The third one is that the negligence done by the defendant should be the cause of the harm resulted to the plaintiff. The fourth one is that the harm should have some monetary value.
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MALPRACTICE OR NOT? A 28 year-old man was injured in a motor vehicle accident. He spent 15 days in ICU for trauma related medical problems. He was transferred to a Medical-Surgical unit in stable condition. He had a tracheostomy tube and had intermittent difficulty choking on his own mucus. During one of these choking episodes he could not speak‚ so he reached for his nursing call button to summon help. The call button was not in his reach. He fell out of bed trying to find his call button‚ broke
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case against Cives will focus on the professional services Cives provided and will attempt to avoid any reference to construction negligence. Our defense will include presenting evidence that Cives met the applicable standard of care and that the accident was the result of construction negligence committed by Lend Lease and Midwest in addition to professional negligence on behalf of Midwest. Therefore‚ using the same percentages as set out above‚ a potential verdict against Cives solely with regards
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environment. The duty of care includes using wet floor signs when spills occur. Management’s failure to place these A-framed caution signs on wet and slippery places would represent a violation of their duty of care. That violation would be considered negligence. An exception to the duty of care rule‚ states‚ to be negligent‚ employees must have a reasonable amount of time to discover the issue. If they did not have time to see a potential hazard and fix it‚ the company may not be considered negligent and
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might make a mistake and operate on the patient to conclude that he or she performed an incorrect procedure on the entire wrong side or part of the body. Sadly‚ this doe happen a lot. Many will find it interesting to learn of out-of-state medical malpractices which lead to a recently filed lawsuit against neurosurgeon Dr. Armond Levy. The doctor had scheduled 53 year old Regina Turner of St. Ann on April 4th for a “left-sided craniotomy bypass” at St. Clare Health Center in Fenton. The patient had
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