A plaintiff must show that the injury was the proximate cause of the negligence” (Showalter‚ 2008). The final element needed to establish negligence requires that there be a close‚ reasonable‚ and casual relationship between the defendant’s negligent conduct and the resulting damages suffered by the plaintiff – in other words
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Mark Holden who was hectically speeding over the speed limit overtook Marcia’s car at a very fast and dangerous speed. Speed limits are according to the road and its conditions so as soon as he went faster than the speed limit he was putting himself and other lives at risk. He ended up overtaking while veering off onto the side of the road‚ but while doing this his car kicks up a stone due to erratic and speedy driving. The stone hits Marcia’s windscreen which then cracked. If the crack was severe
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To: Adam Starr From: Alexandria Warner Date: October 4‚ 2011 Re: Potential negligence claim against the Yellow Jacket Inn Statement of Facts Last weekend a group of Georgia Tech alumni stayed at the Yellow Jacket Inn in Atlanta to attend the Georgia Tech-Vanderbilt football. After the game one of the alumni walked into his room and saw an intruder inside stealing his clothes and going through his personal items. The intruder physically attacked the alumni and stole his wallet. The alumni
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1.Lochgelly v mc mullan A miner was killed when part of the coal mine that he was working in fell on top of him. The man’s family successfully sued for damages under the Coal Mines Act 1911 (c 50) s 49 (repealed)‚ which required that an employer must ensure that the roof of every coal mine is made secure and not order an employee to work there if it is not. The coal mine owners appealed the decision‚ but their appeal was dismissed as it was held that the initial action was competent as their negligence
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Campbell Soup Company 1. Identify legitimate business practices that corporate executives can use for the primary purpose of manipulating or “managing” their company’s reported operating results. Are such practices ethical? Defend your answer. Some examples of legitimate business practices that executives can use to manage their company’s reported operating results include: offering customers extended payment terms at the end of the a period to accelerate sales‚ recording generous reserves
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added to cause of fault) is negligence and failure to properly inspect and test their products prior to selling and distribution. The plaintiff’s causes of action against Victoria Falls Bungee Co. are as follows: The defendant can be found to be negligent as they have breached the owed duty of care of properly maintaining all equipment‚ resulting in the harm of the plaintiff. If the bungee cord was not properly maintained‚ this would have directly caused the bungee cord to snap and lead to Langworthy’s
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newspaper article‚ “Amputation Mishap; Negligence”‚ will be discussed. There will be a differentiation between negligence‚ gross negligence‚ and malpractice. I will make a decision regarding whether the incident referenced in the newspaper article was negligent or not. I will also describe the importance of documentation related to the incident and its correlation to potential negligence. An explanation of what ethical principles would guide my practice as a nurse in this situation and how I would document
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made; there are many arguments both for and against the recognition of wrongful life becoming a compensable tort. Wrongful life is a form of medical negligence and has been defined as ‘an action brought by or on behalf of a child complaining of negligent conduct before birth which results in its birth when had there been no negligence it would not have been born’. Wrongful life must not be confused with wrongful birth‚ which is defined as ‘an action brought about by the parents of an initially
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provide optimal care for patients in any setting. Patients deserve better care than they are offered from an over worked and over stressed nurse. When increasing patient load and failing to accommodate a safe staffing protocol‚ hospitals become negligent. Negligent care leads to hospital acquired infections‚ medication errors‚ and even death. Dorthea Orem‚ nursing theorist‚ based importance on a Self Care Model‚ that applies to nurses too. A nurse cannot appropriately care for more patients than safely
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Tort Scenarios BUS/415 Introduction In week three we were provided with two scenarios and were asked to analyze the tort actions found in both. The first scenario involves fans and participants at a football game; including a father and son‚ and angry fan‚ stadium workers‚ and other spectators. Actions that transpire include the spilling of beer on one fan by another‚ a shove of one fan of anther‚ a fall‚ injury‚ yelling‚ and repercussions of the stated actions. The second scenario we analyzed
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