Jan 12, 2018 in Informative

Negligence

Tort, as defined by Cornell University Law School, is “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” Either an omission or an addition of an action, the resulting event harms a person, and the victim has the right sue to wrongdoer for damages. In the legal system, torts are called civil wrongs (and the victims are entitled to monetary compensation for the harm they experienced. There are three classes of torts. There is intentional tort which is normally carried out with force such as battery, assault and trespassing. Strict liability tort occurs when there is harm done because of a product (e.g. defective goods).  In this paper, we will discuss about negligence, which is a form of tort that is committed without force.

Negligence is an unintentional tort that involves four elements. The first element is duty, which refers to the legal obligation of the defendant to the plaintiff; the second element is breach of duty performed by the defendant; the third element is proximate cause, which refers to the casual connection between the breach of duty and the resulting injury; and the last element is the actual injury, may it be in the form of physical or mental harm, which is the resulting consequence of the defendant’s negligent action. In order for the plaintiff’s case to win and gain proper compensation, all four criteria must be present in the case.

A negligence law is only right to be implemented in every country. The injured party has the right to ask for a suitable compensation in case an accident or injury has happened to him or her because of a negligent act. Although accidents do happen, most of the time it can be prevented if only the party who caused the injury has shown diligence and responsibility. A negligent act (may it be an omission or commission of a duty) can cause slight or gross injuries to another person. And the injuries can have little or immense effect to the person. It is a basic human right that every citizen is protected from harm and injuries resulted from a negligent act. This teaches everyone to be careful and take responsibility of their actions. If a negligence law is absent, anyone can easily be reckless and irresponsible without thinking of the welfare of others.

For example, person A is the proprietor of a shop that sells motor vehicles. Person B, within a week of using the motor vehicle from being purchased met a vehicular accident. Police investigation finds that the motor vehicle is faulty, therefore the injured person [person B] has the right to sue person A for negligence. As the owner of the shop, it is his duty to make sure that all of his products are functioning to its optimum function. Person B can lose his life in the accident all because of a newly purchased yet defective motor vehicle. Such accidents can be prevented if only the owner has carefully inspected his vehicles before selling to the public. If the shop is able to sold 200 motor vehicles of the same model, then 200 possible motor vehicle accidents are likely to happen; and person A is accountable for all of that.

Negligence and malpractice are interchangeable if the defendant is a member of a profession and has committed the negligent act during his or her duty. For example, if a patient sustains injuries because a staff nurse administers the wrong drug or fails to monitor the patient properly, the nurse can be found liable for those acts. In these cases, there is a thin line that separates safety and harm from occurring to the patient. It is the duty of the nurse to give the right drug to his or her assigned patient, and monitor the patient critically. Failure to do so might lead to the nurse losing his job, his patient, or both.

Now you see the vital importance a negligence law plays in maintaining order, and promoting responsibility and diligence among its citizens. We are held accountable for the rights and interests of the others, and vice versa. We are accountable for the results of our actions. And if our decisions and actions have caused harm, even if it is not really our intention, we are still held liable for it.

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