When someone dies due to the negligent or reckless behavior of another party‚ the estate of the deceased may elect to file a wrongful death claim against that party. These types of claims seek monetary compensation for the loss and are typically brought with the aid of a wrongful death attorney. What Is Wrongful Death? A wrongful death claim may apply when an individual is killed due to the legal fault of another person or party. Common examples of a wrongful death claim include murder (such as
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LaVar Johnson. Under this doctrine an employer is liable for torts committed by agents‚ who are employees and who commit the tort while acting within the scope their employment‚ in addition‚ it also makes the principal liable both for an employees’ negligence and for her intentional torts (pg. 944). On page 945 it states that most courts find that any employee’s conduct is within the scope of his employment if it meets each of the following four tests; It was the kind that the employee was employed to
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legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It’s a requirement to exercise a reasonable degree of attention and caution to avoid negligence which could lead to harm to others. For me as a support worker it basically means I have a duty of care to protect any service users in my care from significant harm; this will be achieved using the standards that I have learned from the many courses
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Assignment Unit 71 As a professional worker within Clare Lodge I have many expectations within my job role. As a secure care home I am governed by several pieces of legislation that outline the rules‚ boundaries and policies that are provided for us by Peterborough City Council. These include the National Minimum Standards‚ these are the standards that the home as a whole are expected to be working to. Some of the things outlined in these standards are wishes and feelings of the child‚ equality
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Scheier v. Jersey Joe’s Sports Bar & Grill On February 9th‚ 2002‚ Jodie Scheier slipped and fell in Jersey Joe’s Sports Bar & Grill after leaving her seat at a booth upon being called to collect a door prize. Jodie claimed that there were two steps awkwardly positioned that led to the booth‚ which caused her fall and the subsequent injury of her right index finger. As a hairstylist‚ Jodie relies on the use of her hands and fingers‚ and was unable to work properly because of the injury.
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crane. The plaintiff’s husband was burnt on the lip by a piece of molten metal because of the defendant’s negligence. However‚ the plaintiff’s husband actually had a pre-cancerous condition and the burn caused a cancerous growth. As a result‚ he eventually died three years later. The court held that the defendant was liable because the burn was foreseeable damage for the plaintiff’s negligence. It does not matter to what extent of the damage or injuries as long as the type of damage or physical injury
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watchfulness‚ attention‚ caution and prudence that a reasonable person in the circumstances would. If a person’s actions do not meet this standard of care‚ then the acts are considered negligent‚ and any damages resulting may be claimed in a lawsuit for negligence. Explain what it means to have a duty of care in own work role The beginning of the implementation of a DUTY OF CARE while in my work role starts by arriving on time for my shift‚ this will ensure that I have enough
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NEGLIGENT ADVICE To prove that negligence exists‚ three elements must be established. DUTY OF CARE Two factors must be established‚ relationship proximity and reasonable foreseeability. According to Hedley Byrne principle(Hedley Byrne v Heller & Co Ltd [1964] AC 465)‚ there was a relationship of circumstantial proximity between a professional financial adviser and client‚ which gave rise to Denise owing Charlie the duty of care because Charlie would rely on Denise with the intention
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Gravin’s inventory increased rapidly during 1980 and 1981. Nashwinter testified to the SEC that he often made excuses for the missing inventory and the auditors were always relaxed during auditing. This article presents the fraud and negligence case. Nashwinter committed fraud by
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the nurse failed fulfilled their fundamental duty of patient protection. Initially‚ upon witnessing negligent care from another nurse‚ an incident report was immediately filed within the healthcare institution. The nurse also took notes of the negligence the other nurse performed. According to
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