Essay Sample on Negligence Lawsuit

Introduction

Simply, negligence is defined as the failure to put reasonable care causing damage, harm or injury to another person. In this case, the term damage includes any form of compensation informs of money. On the other hand, the term harm refers to economic loss, damage to property, injury or death. The term injury includes inflicting diseases, aggravation, psychiatric disorders, or pre-natal injury. The claimant (the person who suffers the loss) can sue for the damages or harm that are caused by the negligence of another person. Noteworthy, negligence is committed without any intention. Consequently, this then means that it is an accidental tort. Essentially, the core concept behind negligence liability is that people should exercise proper care in their deeds. Thus, people should take into account the potential damage that they may foreseeably cause to other individuals or properties.

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Four conditions need to be proven for negligence to be ascertained in the court.

First, the plaintiff must demonstrate that there was a duty to act.

For instance, an employer has a duty to ensure that all offices are safe for clients. If the employer fails to act to ensure that all offices are secure; then, it is his failure if any harm or damage occurs to another person.

Secondly, the claimant must prove that there the defendant failed to act/ failure of the duty to act.

For example, in the case above, the employer had a duty to ensure that all workers are adequately trained. However, the business owner failed to do that, and as a result, harm/damage was caused.

It must be established the failure was directly caused by the failure of the duty to act.

Finally, it must be proved that some damage, injury, or harm was caused.

If the accused engages in an activity that a reasonable person would not, or fails to take precautions as would be the case of a reasonable person, then the law asserts that there has been negligence. However, this does not automatically mean that the claimant is entitled to compensation. The plaintiff must prove that there was damage or harm. For instance, in the case above, clients must show actual damages or injuries, not just mere possibilities of getting injured.

Another example is the case whereby an accident occurs as a result of overseeing in a populated city. The consequence litigation will consist of tort if negligence since there was a breach of the duty of care. Besides, the loss was incurred including death and damaging of properties.

Markedly, a person is considered negligent and failing to take precaution if the risk was foreseeable and was not insignificant. In this, it means that the accused knew or ought to have about the risk. Moreover, in the court, negligence is ascertained if, in the circumstance or context, a reasonable person in the accused's position would have taken care or those precautions.

Moreover, the court assesses some factors to establish whether a reasonable person would have adopted precautions against the risk of damage or harm caused. First, it determines probability or chances that the injury or damage would surface if precautions were not taken. Secondly, it assesses the level of harm or injury caused. Thirdly, it assesses the cost or the burden of taking the precautions to curb the risk of damage. Lastly, it evaluates the social utility of the actions that cause the risk of harm.

Again, it is important to point out that in any court proceedings, and for determining whether the defendant has breached a duty of care owed to the plaintiff, the claimant alleges that the accused failed to give any warning about impending risk of harm, then it is the duty of the claimant to provide sufficient evidence to act as a proof that the accused was aware of possible risks.

Markedly, negligence is a defensible basis for criminal liability. One defense to negligence charges is the contributory negligence. This means that the other party (in this case, the plaintiff), also had a duty to act. In such cases, the courts ascertain the negligence of both parties and awards penalties accordingly. Contributory negligence defense minimizes the accused's responsibilities to award damages to an injured claimant - for instance, a driver who was drunk hits a pedestrian who crosses the road negligently. In this case, the pedestrian has also equally contributed to the accident, and thus, may be barred from complete compensation of the damages caused by the driver. This rationale is that the accidents were less likely to surface if it had not been the pedestrian's failure to keep a close and proper lookout.

Finally, there is the assumption of risk as a defense to negligenceThis occurs when someone voluntarily exposes him/herself to risk. In this case, it is assumed that the individual is the one who is partly at fault. An excellent example to illustrate this principle is when someone purchases a ticket to a ski resort. Thus, the individual must assume the risk of being injured since he/she should be aware of the fact that skiing is a risky and precarious sport.

Bibliography

Ben-Shahar, Omri, and Ariel Porat. "Personalizing Negligence Law." NYUL Rev. 91 (2016): 627.

Fine, Robert P., and Gary M. Cohen. "Is Criminal Negligence a Defensible Basis for Penal Liability." Buff. L. Rev. 16 (2011): 749.

Maheshwari, S. N., and S. K. Maheshwari. Manual of Business Laws. Himalaya Publishing House, 2011.

Morgan, James F. "Business law. Redding." (2015).