Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Negligence - Case Study Example

Comments (0) Cite this document
Mary lives in an apartment complex in Northwest Houston owned by ABC Properties, Inc. At approximately 2:00 AM on a Wednesday, Rob, the manager of the apartment complex enters Mary's apartment, using his passkey, and brutally rapes and physically assaults Mary…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.2% of users find it useful
Read TextPreview

Extract of sample "Negligence"

Download file to see previous pages does not have a policy of requiring a background check on persons hired for any positions with ABC Properties, Inc. In addition, when you investigate Rob's background you find that Rob has a criminal record including convictions for robbery, sales of narcotics, and attempted rape. Mary wishes to sue ABC Properties, Inc. for damages as a result of the assault on a negligence theory.
Negligence may be defined as intentional or unintentional breach of duty one is obliged to perform under existing laws. Under the United State of America laws, negligence is equivalent to tort. A tort is a private or civil wrong or injury, other than breach of contract, for which a court of law may provide a remedy through a lawsuit for damages or payment of compensation. When a person violates his/her duty to others created under general or statutory law, a tort has been committed ("What is a tort)
In order for tort to exist, four elements must exist namely: 1) the existence of a legal duty owed by a person to others; 2) the breach of the duty by one person (negligence); 3) the breach of the duty being the proximate case of damages suffered by a person; and, 4) damages incurred by a person. Each of the four elements of a tort typically must be present to be compensated ("What is tort").
An example of compensable negligence is negligent hiring. ...
parties to actions which can create legal liability ('Negligent hiring practices"). In the United States of America, an employer is obliged to take several measures before hiring an applicant ("Negligent hiring"). The most important of these measures is to conduct a background check and references to determine whether the applicant has a criminal record or has a dangerous or untrustworthy character. If an employee performs a violent or criminal act while working, such as rape, murder, or robbery, the employer can be held liable for torts for negligent hiring if it will be found out that he/she did not exert effort to perform the required obligation to conduct a background check before the employee who caused the unlawful act (Employer Liability for Employee's Bad Acts).
In this case, it is very evident that the employer was negligent in hiring Rob as an employee and holding a key position in the company. First, the employer did not perform a background check that is required for him to do under the US laws before hiring Rob. Should he have conducted a background check, he should have found out about the criminal record of Rob and probably, could not have accepted him in the company. And should Rob was not accepted in the company, he will not have any access in entering the room of Mary, thus, the crime committed against her could not have been possible done.
The four elements of tort were all consummated, therefore, Mary have a cause of action for negligence against ABC Properties Inc.
Works Cited
"What is tort". (Online). Retrieved on February 8, 2009. Retrieved from
"Negligent Hiring Practices". Northern Arizona University. (Online). Retrieved ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Negligence Case Study Example | Topics and Well Written Essays - 750 words”, n.d.)
Negligence Case Study Example | Topics and Well Written Essays - 750 words. Retrieved from
(Negligence Case Study Example | Topics and Well Written Essays - 750 Words)
Negligence Case Study Example | Topics and Well Written Essays - 750 Words.
“Negligence Case Study Example | Topics and Well Written Essays - 750 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


Foreseeability. Negligence and Tort

...710 at 731 when analyzing the rule of mere- omissions and making considerations for the exceptions to this rule. Lord Goff argued that there are some circumstances where the courts have established affirmative action duties. One of these circumstances is that the defendant has control over a third party who has caused damage to the claimant. Control over a third party is an affirmative action that has been given rise by a number of relationships. Examples of these relationships are parent and child and employer and employee, where the defendant has an affirmative duty to prevent harm (Kidner, 2006, p. 71). Normally, there should be a chain of causation between the negligence of the defendant and the damage caused to the claimant, as...
12 Pages(3000 words)Assignment

Negligence Manslaughter

...ared losing their child. This was against the provisions of the constitution, in reference to public health (Gorr And Sterling 1999). It also a crime to neglect medical services of a result of the fear of the unknown; this means that it is an obligation to report to any public hospital in case of ailments. After evaluation of this case, it is agreeable that, it is a case under manslaughter. This is because Paul had no intensions to kill but ended up killing his wife. However, it is under negligence manslaughter where the defendant fails to attend to a singularly serious duty leading to death of another. In this condition, Paul did not fail to attend to his duty because of commitments, as that would be a defense raise on against his...
8 Pages(2000 words)Essay

Gross Negligence

... wrongdoing. Gross negligence in other words is an act or oversight of an aggravated nature, as eminent from the lack of ordinary care evident in negligence. According to Diana & Gill (1989) gross negligence is a cognizant and intended disregard of the requirement to employ reasonable care that is likely to result in foreseeable serious injury or harm to another person. Gross negligence is conduct that is tremendous as compared to ordinary negligence that is a mere failure to observe reasonable care. Gross negligence and ordinary negligence vary in degree of negligence while both vary from willful and reckless conduct that reasonably termed as causing injury. Gross negligence is a lack of care in wanton disregard for the wellbeing or lives...
6 Pages(1500 words)Personal Statement

Negligence Paper

...patient, Joseph Benson, who supposedly underwent an amputation of his leg just below the left knee. The impending dilemma and major complication is that the wrong leg was amputated. The hospital identified to be the scenario of the event was likewise concurrently experiencing problems with the union and a shortage in staff, particularly nurses. In this regard, the aims of the essay are to address the following concerns: (1) to differentiate between negligence, gross negligence, and malpractice. Based on the information, decide if one agrees with the statement in given scenario; (2) to describe the importance of documentation (relating to the given simulation) and its correlation to potential negligence. Specifically, the following...
4 Pages(1000 words)Essay


... for the patent were insufficient. The seizure that the patient had during the X-ray procedure and the related fall can be attributed to the injury that was incurred by the plaintiff. This essay gives a critical analysis of this case with a view of determining whether the case meets the legal requirements for medical negligence. Additionally, the kind of tort that is involved in the case is described within the essay in reference to the legal definition of negligence. Furthermore a discussion of the administrator’s role in ensuring that providers meet their legal responsibilities is discussed. Medical negligence is described as a kind of conduct by health care providers which emanates from carelessness or heedlessness resulting to deviation...
2 Pages(500 words)Essay


... any decision concerning the operation and the breathing device without consultation from Dr. Kildare was not appropriate. The attempt to clear the breathing device while she was supposed to summon Dr. Kildare as directed is a medical negligence because Rameez ended up dead. Therefore there is a medical negligence on the part of Nurse Rachett. Rameez was forced through emergency to have surgery performed by Dr. Kildare; however, Rameez could expect the specialist surgeon’s degree of skill because Dr. Kildare was a specialist. In the intensive care, Nurse Rachett is mentioned as an experienced intensive care nurse; therefore Rameez expected and deserved an expert service. Rameez died out of the negligence of Nurse Rachett because she failed...
4 Pages(1000 words)Essay


... discusses the importance of documentation and its connection with a negligence case in which a patient’s wrong leg was amputated. Negligence, Gross Negligence, and Malpractice In general, negligence refers to the failure by a nurse to give care to a patient in a reasonable and prudent manner in the prevailing circumstances. Thus, negligence refers to any harm caused by a nurse’s carelessness, rather than intentional harm. On the other hand, malpractice is a professional negligence, which occurs when an authorized and licensed nurse fails to give patient care according to the laid down standards (Phillips et al., 2004). That is, care below the standards set by the regulatory body. It is worth noting that the poor standard of such care...
4 Pages(1000 words)Essay

Doctor Negligence

...who is too tired to attend to patients must have fresh replacement to attend to the patient. In most cases, a criminologist gets enough evidence or witnesses to make his case. In difficult and/or complex cases, a criminologist can only wait for the courts to decide the case. Sources: Doctor Negligence, 2010, Repak, Nick; Emotional Fatigue: Coping with Academic Pressure, Sardi, Bill; A Fatal Heart Attack Can Occur with Normal Coronary Arteries, Zalman, Marvin; February 1981, A Heuristic Model of...
2 Pages(500 words)Case Study

Medical Negligence

...In this paper, discussion shall be focused only on medical or clinical negligence cases which had set precedence for cases, which may call for the application of the doctrines enunciated in the cited jurisprudence. Moreover, two hypothetical scenarios would also be discussed and solved in accordance with the principles in law which would be applicable. Hence, the discussion of the appropriate cases decided by the Court should follow as a matter of course. The Cases Bolam v. Friern Hospital Management Committe The plaintiff had been given the E.C.T. which was unmodified without the use of any manual restraint other than the normal practice of the doctor which was to support the plaintiff's chin and shoulders. As a...
8 Pages(2000 words)Case Study


...from careless behaviour rather than harm caused intentionally. It follows, then, that negligence is the failure to apply the reasonable care as a prudent person would have done in similar circumstances. The key principle of the tort law of negligence is that people must exercise rational care when acting by considering the potential and foreseeable harm they can cause to others, Fletcher vs Rylands, LR 1 Ex 265 of 1866 (Donal 2004, p.5). So, when a court establishes that there was negligence, it is actually conducting an ex post assessment of the defendant’s conduct. Historically, suits of negligence have been analysed in stages known as elements. The significance of...
5 Pages(1250 words)Essay

The Bolam Test of Negligence

The realistic effect of the test is that a judge will heed substantiation from experts in the suitable speciality and should decide whether the measures of the doctor/midwife/nurse etc. were appropriate. Frequently there are numerous acceptable ways of doing somewhat and conformity with any of these will mean that there was no breach of duty of care. Logically experts frequently disagree over these matters and the judge should decide whose substantiation is to be favored.
Professional men and women are administrated by the standard of care of a normal person of their profession or specialism: the test is the standard of the normal skilled man exercising and admitting to having that special skill. An expansion of this is the s...
10 Pages(2500 words)Coursework

All Possible Negligence Claims in the Business Law the relationship between the foreseeability; the two individuals; and the fairness of such a duty7; and the fairness, justice and reasonableness test is used to limit for public policy reasons liability, i.e. keeping the floodgates closed.8 This seems to be the situation that was created in the case of Hill; whereby if police were found negligent by not apprehending criminals earlier then the floodgates would be opened and police investigation highly hampered. The final case that has to be considered is Osman which took the law of negligence to the European Court of Human Rights (ECtHR) in respect to duty of care and the immunity of police officers from liability under Hill. The ECtHR found that the...
10 Pages(2500 words)Assignment

The Law of Negligence

...negligence and contract. The difficulty arises when dealing with practitioners and NHS patients in establishing causation. Therefore equity will intervene to protect confidences. The standard of care for all medical malpractices was established in Bolam v Freirn HMC [1957] .The case saw the birth of the Bolam test, where ‘A doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art.’  The case of Bolam v Friern Hospital Management Committee established accountability for medical malpractice. The judges' directions to the jury stressed that in cases involving special skills, a doctor is required...
9 Pages(2250 words)Case Study

The Distinction Between the Tort of Negligence and the Tort of Nuisance

There are many instances in which establishing a claim in private nuisance does not require proof of negligence and it, therefore, remains necessary to maintain the tort of private nuisance distinct from the tort of negligence. The discussion that follows will demonstrate the necessity by comparing and contrasting both torts.
The tort of negligence is founded on the principles enunciated in the House of Lords decision in Donoghue v Stevenson which essentially defines the duty of care and situations in which a breach of that duty will give rise to a claim in negligence. Lord Atkin explained that we are required to take all necessary precautions to prevent injury to our neighbours. He goes on to fully explain the duty of care i...
17 Pages(4250 words)Case Study

Issues Relating to Medical Negligence

...nfirmed in the case of Caparo Industries v Dickman1 the following three stage test to determine whether a duty of care exists: 1) Whether the consequence of the defendant’s actions were reasonably foreseeable; 2) Whether there was sufficient proximity to impose a duty of care; and 3) Whether it is fair, just and reasonable to impose a duty of care2. In applying the test, it must be established that it would be reasonable for Doctor Green to have foreseen that the damage to Charles would have been caused as a result of any negligence or misconduct and as such, should have taken precautions against this. If we apply this to the current scenario, it is evident that as a trained medic, Doctor Green would have foreseen that failure to...
10 Pages(2500 words)Coursework

Analysis of Law of Negligence Cases

... or an employee is injured by another employee, due to the work that the latter is performing, then vicarious liability is attributed to the employer for the harm caused. Furthermore, any violation, in respect of the standards of a profession constitutes professional negligence (Lewis, March 8, 2008). Considerable importance is attached to the legal principles of forseeability and causation, in actions relating to negligence. The onus of establishing that the injury to the employee had resulted from the work place environment; and that it was reasonable to expect that the employer could have anticipated that such injury would take place, vests with the claimant. It is essential to establish in such claims that the violation of duty...
7 Pages(1750 words)Case Study

Most of the Case Law in Relation to Medical Negligence - a Respectable Body of Medical Opinion

...with no risk of deformity. 1) Tom and Fay wish to bring a claim in Negligence on behalf of their son against Doctor Green and/or the Wellington hospital and now seek your advice. (80 Marks) 2) Doctor Green has received your letter before action and has started to collect evidence that he in fact complied with recognised medical practice in his treatment of Charles’ condition. Prepare a brief note on the court’s approach to the determination of the standard of care expected of a doctor or surgeon. (20 Marks) In order to be able to advise Tom and Fay it will be necessary to discuss how the courts determine whether the treatment given falls below the standard set for someone in the medical profession. This will...
9 Pages(2250 words)Case Study

Is Active Euthanasia a Medical Negligence or Assisted Dying

...Topic: Medical Negligence and Malpractice (Active Euthanasia/ Assisted Dying) A. With the incorporation of Human Rights into the Law of the Land, thefundamental right to life must extend to a general right to die. To what extent has the judiciary sympathized with this position or is there a need for parliamentary intervention in respect of Euthanasia? The ‘right to life’ is a widely accepted human right and moral value; formalized in legal codes which is exercised universally (British Humanist Association, 2007). But for those who are terminally ill and enduring great pain and suffering, and who opt to curtail length of life to prevent further agony, the question is, do they have the right to die? Euthanasia is a popular and complex...
7 Pages(1750 words)Assignment

The Issues as to Potential Civil Claims under the Torts of Negligence, Assault, and Battery

... of care, Freddie breached this duty of care and the breach caused Bertie actionable damage, which is not too remote. DUTY OF CARE The first hurdle for Bertie is to establish that Freddie owed Bertie a duty of care. The test for whether or not there is a legal duty of care was established in the case of Donoghue v Stevenson1. Lord Atkin asserted that a manufacturer owed a legal duty of care to the ultimate consumer of his product. In discussing duty of care as a legal concept in the tort of negligence, Lord Atkin established the “neighbour” principle. Lord Atkins continued to define the term “neighbour” in the legal sense as being “persons who are so closely and directly affected by my act that I ought to reasonably to have them...
8 Pages(2000 words)Case Study

Key Principles of Tortuous Liability and Negligence as the Concept in Legal Studies

...if there was any injuries due to explosion of some of the explosives, Severnbridge Metropolitan Council would be bound by strict liability, even if it had proved that Severnbridge Metropolitan Council had taken adequate measures to prevent such accidents from happening. However since most buildings that Severnbridge Metropolitan Council own are education; housing and building services, they will be falling under general tortuous liability, in case they cause some damages. The only exception probably would be the waste management building, which may come under the purview of strict liability, since the building may contain hazardous materials. iii) There are basically five elements to the tort of negligence. First one is Duty. Duty...
9 Pages(2250 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Case Study on topic Negligence for FREE!

Contact Us