Civil Litigation: A Case of an Injured Employee - Assignment Example

? Civil Litigation: A Case of an injured Employee Civil Litigation: A Case of an injured Employee Introduction The civil litigation is a legal process that is used to settle nonviolent crimes. Usually, these matters include frauds and misrepresentations. Often times, corporate matters are brought into the court of law through civil litigation procedure1. The idea is to govern the overall economic activities in the country whereas; in normal circumstances the governments are very much contented with noninterference policy with the business activities. The noninterference policy tends to suspend when a law is broken2. The companies and businesses of all types are responsible for providing safety to their employees while, they work. The basic and fundamental right of safety was not provided to the injured party. Additionally, the injured employee attempted to break the fight that was not the part of his job description and therefore, he bravely took a risk in order to protect the property of his employer. The abovementioned argument is sufficient to claim extraordinary damages and the company is also supposed to pay for medical expenses of the employee3. The employee was working for the company at the moment he was injured and therefore, a tort had been established that states that the employee should be protected at all times when he is working for the company and if he experiences injury during doing his job then, the company becomes liable of paying the damages and hospital expenses. The tort is repeatedly defined as a contract that is primarily based on commonsense4 and it may not exist in writing but still it can presented in the form of an evidence in the court of law. Secondly, the companies are also expected to provide the employees with safe and sound work environment and because of this reason, the falling of empty Vodka bottles is a serious negligence on the behalf of the employer5. Furthermore, the crockery that fell on the head of the injured party was placed on the shelf as a decorative piece. In the light of abovementioned argument, it can be established that the bottles served no business purpose and therefore, falling of them that resulted in the injury can be and should be taken as a basis of awarding extraordinary damages. The local labor laws permit employees to seek protection that employers are bound to provide. The company on the other hand, has the case against Gina who was absent on her duty hour and the junior officer cannot prevent the entry of underage customers and therefore, the absent officer can be charged with negligence as well. The tort is developed as a system that makes the law and its implementation understandable to the common man and without it the courts will be engaged every time a fingernail breaks in the city. The humans are living on this planet for centuries and they had been surviving with the help of values and traditions that served as laws in the past. In the areas where people excessively believe in theology, the religious beliefs are taken and treated as more valuable than the modern rules and regulations6. More specifically, the Islamic cultures are got the worst kind of problem because the society is profoundly divided in two groups. The first one is willing to obey the English laws while, the other one is looking to implement theological system of justice. In this way, the Islamic countries are in dire circumstances because they are travelers in two boats. The militant forces are also known to emerge in reaction to injustice that is prevalent in the featured sort of communities. The incident that injured an employee is the essence of modern world’s justice system because in any of the developing or underdeveloped nation, this man would never have an opportunity to take the matter to the court of law. The law in suffering economies has been noticed to serve the rich and in this instance, the bar owner will be protected and the voice of the poor employee will be suppressed. The employee in the reaction will have become a criminal and take the law in his own hands. Major number of criminals has experienced social injustice at any time in their life and their future behaviors are going to be the means of seeking retribution from the entire society. The successful and effective justice system is going to eliminate conflict in the people and therefore, an implementation of social exchange theory will be helped. All of the human relations are based on the rule of reciprocity and therefore, the injured employee’s belief in the society’s ability to watch his self interest will increase and because of this reason; he is going to become a productive citizen of the society7. The humans do return the favor and if the court of law punishes the unjust behavior of the employer while, supporting the injured party then, the employer will become less prone towards neglecting the employees whereas, this particular employee will exhibit positive attitude and behavior in the society and therefore, evil will become less and the good will become more powerful in the community. If the court of law fails to do its due job then, perhaps the employer will become fearless and treat the employees badly because nobody cares about them. The employee will also engage in negative behavior in the direction of the community and in this manner, the negativity in the community will increase. The above discussion was developed in order to highlight the role of justice system that has to play the role of a balancing power in the society that is going to support positive behaviors and punish the undesirable ones. The impartiality and objectivity of the court are a few attributes that are going to make justice system popular in the public as their issues will be resolved in the light of proof and therefore, the defendants are also going to know that they were at fault. Thusly, it can be argued that justice system is a pillar of the society that will eliminate conflict in a civilized way. The justice system was conceptualized after the world witnessed bloody wars and the courts transformed into a defining elements of the societies throughout the world after World War II. The tradition of civil litigation has its roots in the same era as companies at that time, were firing people in order to cope with the challenging economic conditions and the law makers faced the difficulty because they had no legal precedent to handle the issues of labor rights and therefore, many of the legal development in the area of labor management took place in the featured timeframe. However, the companies argued that employees were their property and because of this reason, they have no rights while working. The companies also plead that they preserve the right and authority to fire the employees at will. The legal system had to surrender to the inhumane viewpoint and all of the employees had to abandon their jobs without any formal compensation. The African Americans got the worst of it and these brutal human resource management practices led to the development of human relations moment. The moment played a significant role in getting labor laws approved and these rules and regulations had provided base for the modern and more vivid litigation in this regard. The idea is to empower the employee so that he or she can raise voice against the unjust and inhumane treatment of employers and then, the legal system is there to support them. The companies however, argue that the modern civil litigation laws are designed specifically in order to protect the employees and therefore, it is not right. The supporters of the modern laws counter-argue that organizations are much larger entities as compared to individuals and therefore, the companies may have the opportunity to treat the employees badly. The possibilities of harm that can come from organizations to employees render the need to design supportive legal system for the employees. Q.1 The injured employee will be given an advice that he has a case because the employer had broken laws in terms of placing Vodka bottles on the shelf without any corporate purpose. Secondly, the organizational management of the bar failed to make sure that the officers were there to protect the teenagers from entering the bar. Furthermore, the grounds for extraordinary damages are also set because the employee jumped into a hot zone and attempted to break the fight that is an act that any reasonable person will consider as a risk and therefore, the company is expected to reward the individual for his bravery. The injury of the employee brought the fight to an end and because of this, the employee succeeded in achieving his purpose and finally, he is eligible for receiving compensation along with hospital expenses from the company. The client will also be suggested to settle the issue outside the court because engaging in litigation will place a permanent stain on the name of both the involved parties and therefore, the employee may have to suffer a worse fate as he will be treated harshly in the job market. Q.2 The fact that the report in question is privileged because security agency in this case is a third party and therefore, it is its ethical responsibility to keep the information about the customers confidential. The proper method to obtain the report is to attain a warrant in order to get the custody of the piece of evidence. Q.3 The court is not going to issue the warrant unless a genuine probable cause gets presented from the prosecution. The prosecution will have to give it a shot because it may lead to the proving of a profound lapse in security. The injured employee has a logical case against the security agency that duly failed in terms of ensuring the presence of a senior guard at the facility. Secondly, the absent officer had been reported as negligent and the agency did not take proper action in this regard. The above argument may be used for suing the alleged security organization and this suit can be placed by the injured employee and the bar jointly. The suit makes perfect sense because the basic and fundamental reason for the incident is the absence of a trained and experienced security officer who will have successfully stopped the kids from entering the bar. Q.4 The track allocation is a system that prioritizes the cases according to their nature and importance. The featured case is most probably going to be allocated to the fast track because it expectedly involves the sum of $25000 and the nature of offense that is supposedly committed has a serious nature. The employee will run out of cash in a few days and therefore, it is better to settle the dispute as soon as possible. The criteria that is known to be followed in order to allocate tracks to the cases looks and analyzes the nature, sum of money involved in the form of possible damages and urgency of the matter. The system will allocate a fast track because all of the parameters are pointing that the matter is urgent and should be treated with urgency as well. Q.5 The damages are calculated on the basis of allocating a monetary value to the suffering that the individual has to go through whereas; the medical expenses are also added to the damages in case of hospitalization. The pain quotient that the employee had to go through was significant because his head opened and he also suffered a number of concessions. Additionally, he took a risk regarding breaking a fight and therefore, he is also entitled to get extraordinary damages. The personal damages are also determined with the consultation of the sufferer because he is the one who went through all this and therefore, is going to tell the real story. The judge’s job is to keep the damages to a reasonable level so that the presence of unjust and biasness cannot be implicated by either party. Q.6 The court is expected to reward ordinary damages because the injured employee was not supposed to break off fights and he attempted to do more than his job description while, getting injured in the process that will make him eligible for receiving extraordinary damages as well. Q.7 The part 36 is a technique that is profoundly used to settle disputes. This method helps the parties in determining the level of damages on their own without interference from the court of law. The technique is repeatedly defined as a method of putting pressure on the party so that it can settle a dispute and it should not be taken and treated as a symptom of weakness and inaction. In the case of Marcus, the injured party has to face harsh behavior in the job market whereas, the company is going to face trouble in finding employees because the word about this incident will travel and therefore, it is in their best of interests to settle down the issue by themselves. The employee may or may not request for continuation of his job in the bar whereas, requesting the bar to pay for his medical expenses as well during settlement of the issue through part 36. The civil litigation is just a fancy name for a system that is used to facilitate resolution of conflicts that may arise during the proceedings of business. The issues that come under the head of civil litigation have been settled with damages and fines because in major number of cases, the individuals fight organizations or corporate entities fight each other. The criminal offenses are usually treated as personal actions and therefore, the managers are treated as agents of the organization in such rare instances. The mechanism of civil litigation supports peaceful resolution of the conflicts because the businesses run on good will and therefore, if the litigations are processed strictly then, the businesses will not be able to survive due to bruised good will that is indeed the essence of any corporate activity. The employees and organizations have to work together in order to make the goals and objectives attainable and because of this reason, they are encouraged to settle their disputes on their own and if all else fail then, they are supposed to knock the door of the legal system. The overall implementation of business law is higher in the developed nations where literacy rates are exceptional. In the case of developing and underdeveloped nations, the business and criminal laws are used to serve the objectives of rich and powerful. The literacy gives people power because they become more and more informed about their basic rights while, the legal system tends to provide them with all the assistance they need. The fundamental idea, upon which the entire building of law is standing, stems from the need to enhance life satisfaction of people via providing them with a civilized method of settling disputes. The humans have not learned the art and science of contemplation and therefore, they need third party to arbitrate their issues for them. Findings The key findings of the study are as follows: - The legal system is an institutional method of settling disputes amongst people The idea of justice system has evolved from the basic and elementary human relation moment The courts became an integral part of the society after World War II The humans do not know how to settle disputes and therefore, they need third parties to intervene The employee rights were incorporated in developed nations by the end of 1970s and these rules and regulations provided the very base for the development of modern labor laws The era of great depression witnessed a lot lawsuits that were placed by employees who were wrongfully discharged and the companies bailed out easily The change was already initiated and nowadays each and every company is claiming to be an equal opportunity provider Conclusion This paper has reviewed and analyzed the various facets of civil litigation that are relevant to the case of a personal injury that occurred at a bar during a fight. The employee is planning to raise a voice and therefore, it is a relief to know that the period when employees were considered, identified and treated as a property of the organization is over and nowadays legal system is willing to entertain the claims and complaints of those who are suffering. 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