Helen Palsgraf was standing on a Long Island Rail Road (LIRR) platform in New York City, waiting for a train to take her and her two daughters. While she was waiting for her train, another train pulled in, and two passengers came running across the platform to catch it. One of the passengers was carrying a package under his arm. The train began leaving the platform, and two LIRR employees (one on the train, one on the ground) attempted to help the passengers get on board while the train was moving
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Title : “To impose a duty of care in negligence on the police for their failure to prevent a crime taking place, even in situations where both the suspect and victim were (or ought to be) known, is a tremendously difficult task.” Why is it so notoriously difficult to bring successful negligence claims in such situations? The tort of negligence is defined as the breach of a legal duty to take care resulting in damage to claimant which was not desired by the defendant. According to Blyth
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Acme Electronics Case Date: March 6, 2012 To: Jetson, on behalf of Acme Electronics From: Team 4 Consulting Firm Re: Legal and statistical evaluation of problems facing Acme Per your request, we have assembled a report with a legal and statistical evaluation of the problems facing Acme. If you have any questions, feel free to contact us at any time. Group 4: Acme Electronics Case Executive
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Negligence In order to advise XXX any claims he may have in torts, it is necessary to determine if such negligence exists. To sue for negligence, the burden of proof is on the plaintiff who has suffered damage to establish the following four prerequisites based on the evidence: 1) A duty of care owed by the defendant to the plaintiff; 2) Breach of the duty of care by the defendant; 3) Plaintiff suffered damage resulting from the breach; and 4) The damage suffered was
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accident, and determine where Mr. Vision was in association with the accident, the approximate speed of the other vehicle, the weather conditions and any other information that would be useful in either shifting liability or alleging contributory negligence on the part of plaintiff/driver. Analysis of the Interview I contacted Mr. Mark Vision on March 4, 2002. He is an African American male, very tall with a slim build. He wore business casual clothes and he seemed a little nervous, but he was
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Appellate Brief Kate Voigt July 26, 2013 Professor Doug Simon MBA 660 The Legal and Ethical Environment of Management ______________ No. 1 ___________________________________ IN THE EIGHT CIRCUIT COURT OF APPEALS _____________________ MARY DEAREST, Petitioner, V. STATE OF MINNESOTA, Respondent, ___________________ IN REVIEW TO THE SUPREME COURT OF MINNESOTA ____________________ BRIEF FOR THE RESPONDENT ___________________ Kate Voigt 1678 Snelling Ave, Suite #987 St. Paul, MN 55108 (123) 456-7890
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the plaintiff is not required to prove that the defendant breached a duty of care. comparative negligence assumption of risk strict liability contributive negligence 3.) Mary was getting a ride home in John’s new car. On the way, a malfunctioning brake caused an accident and both Mary and John were injured. Which of the following statements is true of this situation? Mary can file a negligence lawsuit against the dealership that sold John his car. Mary can recover damages for her injury
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testimony to establish SOC o Must be relevant to what doctors do ▪ Cannot give % of risk of conduct or “What I would do” ▪ Will not get to jury o Exception → Do not need expert testimony for things apparent to laymen or gross negligence • (2) Custom Sets Standard → Different than T.J. Hooper where Custom does not set standard → Only way to prove is with expert testimony ▪ “HONEST MISTAKE” • Disfavored → Few will instruct jury of “honest mistake” • Some courts
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1. Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case. To begin with, when people think of professional liability in healthcare, they usually think of medical practice, a form of negligence. Negligence by definition is known as one of the most common type of malpractice that exists in the healthcare industry. However, in order for a negligence case to be proven, four elements are necessary: Duty of Care, Breach of that duty, Injury and Causation
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damages were suffered by the loss of Mr. Parker. Dr. Green may be responsible for medical expenses incurred by treatment for the heart attack, lost wages, and pain and suffering if negligence is proven. It would be hard to argue that the loss of Mr. Parker’s life did not cause damages. The success proving negligence depends
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