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Liability and Tort of Negligence

In which of the following situations will the acting party be liable for the tort of negligence? Fully discuss and provide examples, laws, or other relevant information to support your answer.

1. Bob goes to the golf course on Saturday morning, eager to try out a new set of golf clubs he has just purchased. As he tees off on the first hole, the head of his club flies off and injures a nearby golfer.

2. Tim's doctor gives him some pain medication and instructs him not to drive after he takes it, as the medication induces drowsiness. The bottle also contains instructions cautioning that the drug causes drowsiness. Tim drives to Walmart while on the medication. He fails to stop at a traffic light and crashes into another vehicle in which the passenger is injured.

Solution Preview

In #1, the golfer had no previous knowledge of the faulty club, nor did he anticipate the accident happening. Thus, he was not negligent. In #2, the driver failed to regard all of the elements listed below.

Negligence can often be defined as the failure to protect another individual within general reason (Larson, 2003). The elements of a negligence tort include duty, breach of duty, causation and damages. In order for a negligent claim to be valid the following must be met: "(1) that the defendant owed a duty of care to the plaintiff; (2) that the defendant committed a breach of this duty; and (3) that this breach was the actual and proximate cause of injury experienced by the plaintiff" (Mallor, Barnes, Bowers & Langvardt, 2010, p. 206). Negligent tort can either be committed by failing to act dutifully or acting wrongly.

The first element that must be shown is the defendant's duty to protect the ...

Solution Summary

This solution consists of a comprehensive answer to the above-mentioned questions. It explains, in great detail, tort of negligence and answers the questions after a comprehensive review. One reference is included.

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