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Case problem - Essay Example

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In the defence for the tort of negligence, a plaintiff has a duty to provide facts and demonstrate that he or she did not know of the danger of buying a particular product. Moreover, the defence also needs to provide facts that the plaintiff bought a certain product in full…
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Case problem
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CASE PROBLEM DEFENCE FOR THE TORT OF NEGLIGENCE In the defence for the tort of negligence, a plaintiff has a duty to provide facts and demonstrate that he or she did not know of the danger of buying a particular product. Moreover, the defence also needs to provide facts that the plaintiff bought a certain product in full knowledge of the danger it poses to them. Therefore, in this case of Neal, a young teenager the salesperson does not contribute to the injuries of the boy. Neal bought the skis from the Outdoor Outfitters with full knowledge that he does not know how to ski. In addition, Neal had confessed to the salesperson that he has never skied which prompted the salesperson to advise him to take sporting lesson before he can start using his skis (Defence to negligence).
Neal is to blame for the injuries he suffers because he disregarded the salesman advice and instead opted to ski without going to learn about it. Neal contributed to his injuries and thus the salesperson should not be blamed. Furthermore, Neal had voluntarily assumed the risk of using the skis without going to learn how to use it (Defence to negligence). According to the tort of negligence, a person who with obvious knowledge of the risks before him should not blame other parties for his injuries.
In conclusion, Neal has all the liability because he want to engage in a recreational activity that has a high degree of risk (Defence to negligence). Skis cause a lot of accidents to participant and the danger posed by the sport should not be blamed to merchant of sports kits or their salesperson.
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"Defence to negligence," n.d. Web. 23 September 2014. Read More
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