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Contributory Negligence - Report Example

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This report "Contributory Negligence" examines the contributory negligence that is quite a barrier when it comes to seeking justice. The harsh application of the doctrine is unbecoming in cases where a person is capable of avoiding taking responsibility for the injuries due to carelessness…
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Contributory Negligence
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Download file to see previous pages When applying contributory negligence, the person who is injured ends up being forced to bear all the losses despite the losses having been caused by a second party’s misconduct.3 The person who is injured in this case assumes the collective burden while the defendant is given a chance to avoid taking personal responsibility for having caused the injury in question4.
This case involved two friends Mr. Singer (who is my client, the defendant) and Mr. Spencer (the plaintiff). Mr. Spencer used to go visit Singer, his friend who was a contractor in Los Angeles. Spencer liked seeing new buildings under construction and would go visit the construction sites even when his friend Singer was absent. At times, Singer would even call Spencer to go and check whether his casual laborers had done the work assigned to them in case Singer was not able to make it to the site.
One Friday evening, Spencer went visiting the construction site near some posh neighborhood he was interested in settling there someday. During this visit, he happened not to inform Singer since it was sort of a routine when he was free and did not see the need to call his friend to inform him of this.
Spencer climbed up to the second floor of this new unfinished building to have a clear view of the ocean. Unfortunately, while standing on the edge of the balcony, he happened to step on a wet blast that had been placed some few minutes ago before the workers had closed the work. This happened because he was so curious about the view and forgot to look at where he was stepping.
Spencer sued his friend Singer for damages since there was no sign indicating that the place should not be accessed until it dries and no wet floor warnings had been put and therefore Singer should foot the bills and pay for contributory negligence by paying damages to injuries sustained by him. ...Download file to see next pagesRead More
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