November 24, 2015, 2015
To: Candie Cardigan, CEO
Re: Negligence Requirements and Potential Defenses to Myra’s Claim
Negligence requires the following elements: Duty of care, Breach and Causation
“Conductthatfallsbelowthestandards of behaviorestablished by lawfortheprotection of othersagainstunreasonablerisk of harm. A personhasactednegligently if he or shehasdepartedfromtheconductexpected of a reasonablyprudentpersonactingundersimilarcircumstances.”
“In order to establishnegligence as aCause of Actionunderthelaw oftorts, a plaintiffmustprovethatthedefendanthad a duty to theplaintiff,thedefendantbreachedthatduty by failing to conform to ...view middle of the document...
Therefore, when walking down a runway, everyone is aware that the model must look straight forward and not at her feet. Having a clear visual would be that of the judges not looking at the ripple in the carpet that of which caused her to trip.
Finally, a personwhoundertakes a particularactivity is ordinarilyconsidered to havetheknowledgecommon to otherswhoengage in thatactivity. A judgemustknowtherules of therunway and a productmanufacturermustknowthecharacteristicsanddangers of itsproduct, at least to theextenttheyaregenerallyknown in theindustry.
Determining whether a defendant's negligence is the proximate cause of a plaintiff's injury, would be that the courts focus on the foreseeability of the harm. Which resulted from the defendant's negligence, that is not what can be done here, the ripple in the carpet causing Candie to fall is not a foreseeable result. When a reasonable person falls, there is not a ‘right” way. Therefore, having no control over the fall, an unforeseeable act.
“A minority of courts hold the view that the defendant's negligence is the proximate cause of the plaintiff's injury if the injury is the "direct result" of the negligence. Usually a plaintiff’s injury is considered to be the direct result of the defendant's negligence if it follows an unbroken, natural sequence from the defendant's act and no intervening, external force acts to cause the injury.”
In a negligence suit, the plaintiff has to provide the courts with proof the defendant did not act as a reasonable person would have acted. The court will instruct the jury as to the standard...