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Law
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Topic:
Negligence Law Research Assignment Paper
Essay Instructions:
Identify the legal concept of negligence and discuss the elements necessary to establish a negligence cause of action. Be sure to pay particular attention to the issues of causation, foreseeability, proximate cause and the defenses one may have to a negligence lawsuit.
Essay Sample Content Preview:
Negligence
In tort law, negligence arises where one party, the defendant fails to act with reasonable care to ensure harm does not occur to another party, the plaintiff. For instance, a doctor has a legal obligation to ensure the patient receives reasonable care. Failure to take necessary measures amounts to negligence and can result in harm occurring to the patient, including infection or death. The elements of the tort of negligence entail among others, foreseeable danger, harm and the duty of care, causation, and proximate cause.
An individual charged with a duty of care needs to do his or her best to ensure the subject receives reasonable care. In such cases, there is always a foreseeable danger and if the party charged with providing the duty of care fails to act accordingly to avert such foreseeable danger, it amounts to negligence (Emanuel & Emanuel, 2008). Causation and proximate cause are also identified as elements of negligence. For the plaintiff to win a claim involving negligence, they need to show that the harm that occurred would not have happened had the actual cause event not taken place (Emanuel & Emanuel, 2008).
Liability is often based on how foreseeable the harm was, as well as the kind and nature of harm, not the extent of the harm caused (Emanuel & Emanuel, 2008). This defines the principle of proximate cause. A person engaging in risky behavior has the duty of care to ensure other people are not endangered by such behavior....
In tort law, negligence arises where one party, the defendant fails to act with reasonable care to ensure harm does not occur to another party, the plaintiff. For instance, a doctor has a legal obligation to ensure the patient receives reasonable care. Failure to take necessary measures amounts to negligence and can result in harm occurring to the patient, including infection or death. The elements of the tort of negligence entail among others, foreseeable danger, harm and the duty of care, causation, and proximate cause.
An individual charged with a duty of care needs to do his or her best to ensure the subject receives reasonable care. In such cases, there is always a foreseeable danger and if the party charged with providing the duty of care fails to act accordingly to avert such foreseeable danger, it amounts to negligence (Emanuel & Emanuel, 2008). Causation and proximate cause are also identified as elements of negligence. For the plaintiff to win a claim involving negligence, they need to show that the harm that occurred would not have happened had the actual cause event not taken place (Emanuel & Emanuel, 2008).
Liability is often based on how foreseeable the harm was, as well as the kind and nature of harm, not the extent of the harm caused (Emanuel & Emanuel, 2008). This defines the principle of proximate cause. A person engaging in risky behavior has the duty of care to ensure other people are not endangered by such behavior....
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