Applying principles of liability in negligence in business situations

[Name of the institute]

Applying principles of liability in negligence in business situations

Introduction

Owning and functioning of a business lays a lot of responsibility and accountability on the shoulders of the owner. In modern times it has become immensely important to guarantee the health and safety of the employees and the customers at the workplace using the services offered by the business. Even if a business operate with the utmost care, and makes sure to provide all the best services and qualities there still are going to be circumstances where a client might get injured due to the actions of the employee, or some sort of misappropriate safety measures taken by the business. In the modern era it has become immensely important for all sorts of businesses to have a business liability insurance which protects your business in case there is a lawsuit filed by an employee or the customer for any sort of property damages and personal injury. The business liability insurance will usually cover the damages from a lawsuit along with that it will also cover the overall the legal costs of the case.

Tort of negligence and defenses in different business situations

Tort of negligence law is the form of law that was formed during the times of industrial revolutions, because at those times the employees founded themselves working under dangerous circumstances. The major aim behind the formation of this law was to protect the livelihood and the health of the employees for the un-intending hands of the employers. According to the law of negligence the defendant must be responsible for the failed and injured to provide care for the injury caused to the employee due to the lack of care at the workplace (David, 1940, pp.67-69).

People generally suffer harm as a result of a lack of due diligence rather than deliberate acts of others. This is the tort of negligence, the most important modern torts. The famous English case of Donoghue V. Stevenson, in which a manufacturer of soda had carelessly let in a snail in its bottles where it is broken down and made ill plaintiff has established the principle that everyone has the legal obligation to proof of due diligence in order that others will not suffer harm as a result of the negligent conduct (Markesinis et.al, 1994, pp.109-119).

Tort Negligence Defenses

The defendant in the case of tort holds the right of disapproving the conditions of the negligence for winning the case. Under the preceding circumstances the business which haven't provided the hand rails will be seen having a hard time proving that they did not possesses a duty for care for their customers and their employees, who used their services as it would become immensely difficult for them to prove that they were not breeching their duty by not providing efficient services at their workplace.

If we consider a case of fast food restaurant where the washrooms does not contain any handrails and the customer got injured due ...