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Business Tort of Negligence

Assignment

Business Tort of Negligence

Dewayne, a driver for Speedy Delivery Company, leaves the truck’s motor running in neutral and carelessly forgets to set the parking brake while making a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on Fazio, a bystander, and injures him.

What must Fazio show to recover damages from Speedy Delivery? If you are the attorney for Speedy Delivery what would be your best defense argument?

Your paper should be between 500-750 words, with at least two cited external resources.

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determine negligence, do you think that any of them is harder to prove than others?

You are responsible for minimally at least 3 posts for each question in your discussion boards; your initial post and reply to two of your classmates. Your initial post(s) should be your response to the questions posed in the discussion question. You should research your answer and cite at least one scholarly source when appropriate, and always use quality writing. The discussion board is never a place to use text language or emoticons. You will also be asked to respond to your classmates. This is designed to enhance the academic discussion around the topic. It is all right to disagree with something posted by another, however your responses should always be thoughtful and respectful and reflect your opinions professionally.

Discussion Question:

Read the article: Austin, S. (2011). Stay out of court with proper documentation. Nursing, 41(4), 24-30. – found in the Learning Materials/Readings • Of the four elements that must be proven to determine negligence, do you think that any of them is harder to prove than others? (be sure to explain your reasoning in detail) • Choose scenario 1, 2, or 3 in the article. Summarize the lesson to be learned, and what you would have done to avoid the error

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negligence lawsuit was filed against Bright Road Health System. As the Hospital Administrator

After an incident where a patient developed a life-threatening staph infection following surgery at the hospital, a negligence lawsuit was filed against Bright Road Health System. As the Hospital Administrator, the student will gather information about the incident from the parties involved, and work with Bright Road’s General Counsel to determine the Hospital’s liability. The student will need to consider:

  • Whether a duty to care was established
  • Whether the duty was breached
  • Whether there was an injury
  • Whether the cause of the patient’s injury was due to negligence
  • Whether the concept of respondeat superior applies in the case
  • Whether to file an indemnification against any of the staff members involved

The student will then submit an analysis to Bright Road’s General Counsel, with their thoughts regarding the hospital’s liability.

  • Work through the simulation
  • Answer all the questions
  • Submit your recommendation

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Negligence
Mark sued a bank for injuries

Negligence
Mark sued a bank for injuries.  He was not paying attention as he entered the bank because he was looking at his phone. And he fell suffering $10,000 in injuries. Prior to the fall, the janitor had buffed the floor. The janitor had an IQ of 70. Normally, the janitor was closely supervised. However, today his manager was extremely tired, and the manager didn’t notice that the janitor had carelessly used way too much floor wax that was extremely slippery.  Is the bank liable for the janitor’s negligence (be sure to go through all the elements.) Additionally, note that under the doctrine of respondent superior the bank WILL be liable for any potential negligence of the janitor employee? What defenses will the bank assert? Assume that the jurisdiction does not recognize assumption of risk or contributory negligence. The jurisdiction does recognize the defense of comparative negligence. 

The requirements below must be met for your paper to be accepted and graded:  
    Write between 500 – 750 words (approximately 2 – 3 pages) using Microsoft Word.    Attempt APA style, see example below.    Use font size 12 and 1” margins.    Include cover page and reference page.    At least 60% of your paper must be original content/writing.    No more than 40% of your content/information may come from references.    Use at least two references from outside the course material, preferably from EBSCOhost.  Text book, lectures, and other materials in the course may be used, but are not counted toward the two reference requirement.
Reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) must be identified in the paper and listed on a reference page.Reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) must come from sources such as, scholarly journals found in EBSCOhost, online newspapers such as The Wall Street Journal, government websites, etc.  Sources such as Wikis, Yahoo Answers, eHow, etc. are not acceptable. 
A detailed explanation of how to cite a source using APA can be found here (link).

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NEGLIGENCE

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Case analysis

In order to determine whether bank was liable for the janitor’s negligence, it is important to analyse previous negligence case to establish the requisite elements needed to file the case in the court of law. Since the client is seeking advice from a professional, it is important to consider several way of presenting evidence and testimony.

  • First, Mark entered the bank while concentrating on the phone and since the janitor had used way too much floor wax, the floor became extremely slippery thus making Mark to slipped and suffered $10,000 in injuries.
  • Bank manager knew that janitor had IQ of 70 and needed close supervision during cleaning process, but since the manager was extremely tired, he/she didn’t noticed that janitor had used excess floor wax.

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