Assignment

Provide a reference and a copy of your source of information when needed.

1. Provide an example of a case involving strict liability? Provide an example of the following types of damages:

a. Compensatory damages (special damages and general damages)

Compensatorydamages are awards that compensate injured victims for losses actually incurred. Compensatory damages include both special damages and general damages. Special damages are awards for losses that can be determined and documented, such as medical bills and lost wages. General damages are awards that cannot be specifically measured or itemized, such as pain and suffering, disfigurement, or loss of the companionship of a spouse.

b. Punitive damages

Punitive damages are designed to punish people or organizations so that others are deterred from committing the same wrongful act.

2. What is negligence? Explain the four elements of negligence.

Negligence is defined as the failure to exercise the standard of care required by law to protect others from harm.

There are four elements of negligence:

• Existence of a legal duty to use reasonable care
• Failure to perform that duty
• Damages or injury to the claimant
• Proximate cause relationship

3. Describe the following legal defenses that can be used by defendants who are accused of negligence:

a. Contributory negligence

Under a contributory negligence law, if the injured person contributed in any way to the accident, he or she cannot collect damages.

b. Comparative negligence

Under a comparative negligence law, the injured person could collect, but the damage award would be reduced.

c. Last clear chance rule

Under the last chance rule, the plaintiff who is endangered by his or her own negligence can still recover damages from the defendant if the defendant has a last clear chance to avoid the accident but fails to do so.

d. Assumption of risk doctrine

Under the assumption of risk doctrine, a person who understands and recognizes the danger inherent in a particular activity cannot recover damages in the event of injury.

4. a. Explain the major defects in the tort liability system in the United States.

Major defects in the tort liability system include rising tort liability costs, inefficiency in compensating injured accident victims, uncertainty of legal outcomes, higher liability awards, and long delays in settling lawsuits.

b. Discuss three issues that are often addressed in tort reform in the United States.

Some tort reform proposals include capping noneconomic damages such as pain and suffering, reinstating the state-of-the art defense, restricting punitive damage awards, modifying the collateral source rule, modifying the joint and several liability rule, and using alternative dispute resolution (ADR) techniques.

5. ABC Construction is building a warehouse for Richard. The construction firm routinely leaves certain construction equipment at the building site overnight and on weekends. Late one night, Arnold, age 10, began playing on some of ABC's construction equipment. Arnold accidentally released the brakes of a tractor on which he was playing, and the tractor rolled down a hill and smashed into the building under construction. Arnold was severely injured in the accident. Arnold's parents sued both ABC Construction and Richard for the injury.

a. Based on the elements of negligence, describe the requirements that must be met for ABC Construction to be held liable for negligence.

(1) Existence of a legal duty. ABC Construction has an obligation to protect others from harm, including harm from the machinery used in construction.

(2) Failure to perform that duty. Since the machines are an attractive nuisance that can injure children, ABC Construction failed to perform the duty required by law to protect others from harm. From examination of the facts, it appears that reasonable measures to prevent access to the construction equipment were not taken.

(3) Damages or injury to the claimant. This requirement is met, since Fred was injured.

(4) Proximate cause relationship. This requirement may not be met. The brakes on the tractor were released, which caused the tractor to roll down the hill. The tractor would have remained in the same position if the brakes had not been released. Fred's actions could be viewed as a new intervening cause.

b. Describe the various classes of persons that are recognized be the law with respect to entering upon the property of another. In which class of persons would Arnold belong?

There are three legal classes: (1) trespassers, (2) licensees, and (3) invitees. Fred technically is a trespasser, but because of his age he would be considered an invitee in many jurisdictions.

6. Wildwood Mowers manufactures sells power lawn mowers to the public and distributes the products through its own dealers. Andrew is a homeowner who has purchased a power mower from an authorized dealer on the basis of the dealer's recommendation that "the mower is the best one available to do the job." Andrew was cutting his lawn when the mower blade flew off and seriously injured his leg.

a. Andrew sues Wildwood Mowers and asks for damages based on negligence in producing the power mower. Is Wildwood Mowers guilty of negligence? Explain your answer.

Andrew must show that Wildwood Mowers is guilty of negligence. He must establish the following:

(1) Existence of a legal duty. This requirement is met, since there is a legal duty not to produce a product that could harm someone.

(2) Failure to exercise that duty. This requirement appears to be met. The blade flew off, which means that the product is defective and harmful. Since Wildwood Mowers did not produce a safe product, the company failed in its duty to protect its customers from harm.

(3) Damages or injury. Since Andrew is injured, this requirement is met.

(4) Proximate cause relationship. This requirement is met, since the proximate cause of loss is a mower blade that flew off and injured Andrew. From examination of the facts, Wildwood Mowers appears to be guilty of negligence.

b. The doctrine of res ipsa loquitur can often be applied to cases of this type. Show how this doctrine can be applied to this case. Your answer must include a definition of res ipsa loquitur.

Under the doctrine of res ipsa loquitur, the very fact that the event occurs is sufficient proof that the defendant is negligent. The accident or injury would not have occurred if someone had not been careless. In this case, Andrew would not have been injured if the lawn mower had been manufactured properly. The injury would not have occurred if the blade had not torn lose from the machine.

c. Explain the various types of damages that Andrew might receive if WildwoodMowers is found guilty of negligence.

Andrew may receive an award for special damages that compensate the claimant for determinable and itemized losses, such as medical expenses, the loss of earnings, and damage to property. Andrew may also be awarded general damages for losses that cannot be specifically itemized, such as pain and suffering, disfigurement, and the loss of future earnings. Finally, punitive damages may be awarded where the objective is to punish Whirlwind Mowers so that others are deterred from committing the same wrongful act.

7. Michael was involved in an auto accident. He was judges to be 40 percent at fault in the accident, and the other party was judged to be 60 percent at fault. Michaels actual damages were $50,000. Under a pure comparative negligence law, how much, if anything, will Michael receive for his injury?

Under a pure comparative negligence law, you can collect damages for your injury even if you are negligent, but your damage award is reduced proportionately. Michael has actual damages of $50,000. Because he is 40 percent at fault, his damage award is reduced 40 percent. Mathew will collect $30,000 for his injury.