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2008

Tort : Negligence

Torts are civil wrongs ' used as cause of action in filing a case in court (Cornell University Law School Legal Information Institute web site , n .d . There is a resulting injury or harm ' that becomes the basis for the party injured to make a claim in court . Judgments may award damages and serve as a deterrent in the repetition of commission of the acts . Other kinds of torts are considered crimes and therefore merit imprisonment as penalty . Injunction is also an available remedy

to prevent and bar the further commission of tortuous conduct (Cornell University Law School Legal Information Institute web site , n .d

The three major classifications of torts are : a ) intentional torts which refer to deliberate act which the defendant knew would result if he committed it . Examples of this are assault , battery or acts of domestic violence (Nolo web site , n .d b ) negligent torts refer to wrongful acts which are deliberate and unintentional but results in injury (Quiz Law web site , n .d and , c ) strict liability refer to liability for making and selling defective products (Nolo web site n .d

Discussion

The negligence theory arises when a person or entity fails to observe reasonable care and prudence thereby making him /her or the entity legally responsible for the resulting injuries or accidents , i .e car or motor vehicle accidents and `slip and fall ' cases (Find Law web site , n .d . The essential elements of a negligence case are : a defendant owed the plaintiff a legal duty ' b ) that the defendant failed to fulfill or breached that legal duty by his acts or his failure to act c ) defendant 's acts or omission was the proximate cause and cause-in-fact of plaintiff 's injury and , d ) harmed or injured the plaintiff as a result (Find Law web site , n .d

Anent the duty owed by the defendant is defined as a requirement that a person act toward others and the public with watchfulness attention , caution and prudence that a reasonable person in the circumstances would (Hill Hill , n .d . Therefore , should the defendant fail to meet such standard of care , resulting damages may be recovered in a negligence case (Hill Hill , n .d . Failure to meet this standard of care is considered breach of duty . Cause-in-fact means a but for causation ' It is required that plaintiff proves that his injury is actually caused by the defendant 's acts (Find Law web site n .d . The test used is : but for the defendant 's actions , the plaintiff 's injury would not have occurred (Find Law web site , n .d On the other hand , proximate cause is defined as refers to the act which when performed leads to the injury almost consequently but in form of natural , undependable or uninterrupted form resulting from that act (Legal Explanations web site , n .d

The Iowa Supreme Court had the opportunity to clarify the difference between proximate cause from cause-in-fact in the case of...