Establishing Civil Tort Claims Analytical Essay by scribbler

Establishing Civil Tort Claims
An analysis of two case studies to determine the valid tort claims involved.
# 152534 | 1,217 words | 2 sources | APA | 2013 | US
Published on Mar 14, 2013 in Law (Tort)


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Description:

This paper provides two scenarios of an injury at a football game and a husband and wife injured at the Buy-Mart gun counter, and identifies the valid tort claims that could be made in both cases. The paper shows how to sustain a valid tort claim, plaintiffs must be able to establish that the defendant owed them a duty of care, that the negligent breach of that duty caused them injury, and that the breach of duty was the proximate cause of any injuries for which compensation is claimed. The paper also notes that a plaintiff may sustain a valid tort claim for wrongful harm caused by various types of deliberate actions of defendants that cause the plaintiff harm.

Outline:
Introduction
Case 1 - Football Game
Case 2 - Buy-Mart Gun Counter
Conclusion

From the Paper:

"Malik may also have a cause of action in torts against the same plaintiff (the stadium and/or athletic institution), also arising under negligence theory. In that case, Malik (plaintiff) would be alleging that the stadium (defendant) breached its duty of care to make sure that safety railings are capable of withstanding the types of stresses associated with the way they are normally expected to be used in connection with controlling crowds of football fans in stadiums (Freidman, 2005). To prevail, the plaintiff would have to establish that the harm caused to Malik would, more likely never have happened but for the failure of the defendant to properly design, install, inspect, or maintain the integrity of the railings. The defendant would argue that it took every reasonable precaution to mitigate any risks and that certain statistically small risks are unavoidable in attending a live football game (Freidman, 2005).
"Malik does not have a justifiable claim in tort against Daniel for shoving him because the original shove was not the proximate cause of his injuries as it might be if a hulking Daniel picked Malik off his feet and deliberately thrown him over the railing (Freidman, 2005). The proximate cause of Malik's injuries was likely the failure of the fence."

Sample of Sources Used:

  • Friedman LM. (2005). A History of American Law. New York: Touchstone.
  • Halbert T and Ingulli E. (2008). Law & Ethics in the Business Environment. Cincinnati, OH: West Legal Studies.

Cite this Analytical Essay:

APA Format

Establishing Civil Tort Claims (2013, March 14) Retrieved December 05, 2020, from https://www.academon.com/analytical-essay/establishing-civil-tort-claims-152534/

MLA Format

"Establishing Civil Tort Claims" 14 March 2013. Web. 05 December. 2020. <https://www.academon.com/analytical-essay/establishing-civil-tort-claims-152534/>

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