Torts & Personal Injury

Torts & Personal Injury

Introduction

Looking at the situation that has been done and undertaken, the tort of negligence shall be implemented. One must understand and realize that regardless of the challenges and the problems that have been undertaken, the tort of negligence implies treating the occurrence of damage, personal injury, car accidents and many others of the like that have paved way for supporting the victim and charging the guilty on account of charges that are pressed against the defendant in a legal setting.

For this case, negligence regards any violation or maladjustment that has been done in the name of creating and establishing a fault or flaw that not only makes way for progress but also creates chaos, showing mishap and underarrangment on the part of the defendant, causing harm to the plaintiff

Tort of Negligence and its implications

Here, the kinds of challenges that need to be assessed and experienced are to be understood and dealt with at length. Even today, when so much technological advancements and state-of-the-art machinery and equipment has been undertaken, there is still much progress and development that needs to be delivered in the light of creating a risk-free, completely hedged environment necessary for companies and organizations to make way for progress.

This is because even though a major part and parcel has been done in the light of reducing casualties and that an entire system of law and regulations have been dedicated to secure companies and organizations to save themselves any realized and certain threats, there would always be unrealized threats and contingencies, which may occur without warning and one way or the other influence routine work patterns and their execution.

Statute and Cases

Considering the concept of negligence has come into play, 'negligence per se' is the statute undertaken in this context. This regards an act is considered negligent as it violates a statute. One case that could be put into consideration in context to personal injury for 'Donoghue v Stevenson [1932]', where Mrs. Donoghue consumed substance - an alcoholic drink - which composed a decomposed snail while residing at a public bar in Paisley, which made her ill.

Although the snail was not visible considered the bottle in which the drink was packaged was opaque, but neither the purchaser who bought the bottle for Mrs. Donoghue, nor the shopkeeper who sold the bottle were aware of the snail's presence that were in the ...