Tort Law

Tort Law

Introduction

This paper intends to explore the Tort law in relation to the standard of care in negligence actions. Further, it examines the characteristics of the defendant that are never taken into account. The main purpose of this paper is to analyse the given statement with supporting theories.

Discussion

Negligence started to get recognise as tort in the initial phase of 19th century. Before nineteenth century period, the dominant act for personal injury was writ of the trespass. The initial concern of the trespass was only direct actions; nonetheless, in the period of 19th century the prime focus of the issue was moved to the difference between unintentional wrong doings (negligence) and intentional wrong doings (trespass). As it has been witnessed that negligence was termed as the duty implemented by the law and therefore it is clear that the duty is one of the major key element out of all three of negligence (oup.com).

Negligence was developed as a mean of loss shifting when there were less or no insurance or state welfare provisions. As an example, it can be seen that in the 19th century the industrial revolutions resulted in the increasing risk of injury to the people who worked in quarries, mines, factories and other dangerously risky professions (oup.com).

Foundation of Negligence

Winfield has defined negligence as follows; “'Negligence as a tort is a breach of a legal duty to take care which results in damage to the claimant” (oup.com, p.43). According to the given definition, there are 3 primary elements that needs to be present for a complete act in negligence. However, these three elements are (sixthformlaw.info);

Duty of care

Breach of duty

Damage caused

Liability Specific Defendant's characteristics

Liability for facilities

A liability case arises when the facilities you are injured on the property of another person. For a more detailed explanation see the practice area under Liability in facilities. Slip and fall accidents can occur while you are shopping at a store that has a wet area on a slippery floor, while climbing the stairs to a business that had a defective rail, or even falling into a covered pit on the property of another person. However, the case law in cases of premises liability often rests with the applicant and see where it should go and not walk where there is a potential danger. In these cases, the specific facts tend to determine the result (articlesbase.com).

Accidents at work

When a person is injured at work, then usually he is covered by workers' compensation insurance. The workers' compensation coverage is liability without fault. This means that workers only have to prove that the accident occurred during work and not have to show that the employer was negligent (wustl.edu).

Medical Malpractice

The tort law enacted in 2005 has greatly increased the burden on applicants and reduced the likelihood that the plaintiff will recover as this legislation limits the gains that you can get for the damage and suffering caused.

Liability in a nursing home

As citizens of the elderly live longer, thus majority of them are living in nursing ...