Question

Risk insurance management: Liability Risk. I did the first question but need the rest done

Liability Risk - Chap 19 6. What can you recommend to best overcome these defects? 1. List and explain each of the four elements of negligence identified in the chapter. The existence of a legal duty to the plaintiff: requires that the defendant owe a legal duty to the plaintiff The defendant breached that duty: Whether the defendant's actions hurt the plaintiff The plaintiff was injured: The amount of monetary loss the plaintiff has suffered The defendant's breach of duty caused the injury: If the defendant owed a duty and did not fulfill that duty 7. A warehouse for Garner Mfg. is being built by Piper Construction. The construction firm routinely leaves certain construction equipment at the building site overnight and on weekends. Late one night, Fred, age 10, began playing on some of Piper's construction equipment. Fred 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. Fred was severely injured in the accident. Fred's parents sue both Piper Construction & Garner Mfg. for the injury • What legal doctrine is applicable in this case? Explain. 2. What is the standard of care to protect others from harm for each of the following liability situations? (definitions can be added but must also include the standard of care) • Property owners: • An attractive nuisance: Owners & operators of automobiles . Governmental units & charitable institutions: 8. While using her car to make regular sales calls for her employer, Rotella Technologies, Gwen was involved in an accident with another motorist. There were serious injuries sustained by Gwen and the other motorist. A lawsuit is filed by the other motorist against both Gwen and Rotella Technologies for the injuries based on negligence. Employers & employees • Parents & children: --Can Rotella Technologies be held legally liable for Gwen's accident? List the legal doctrine and provide an explanation Owners of animals 3. Why the following are major defects in the tort liability system in the U.S.? • Rising costs: Inefficiency in compensating injured victims: Michael is a homeowner that purchased a Cutter 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." Cutter Mowers is the manufacturer of the power lawn mower and distributes it to the public through its own dealers. While cutting his law, the mower blade flew off and seriously injured Michael's leg. Michael files a lawsuit against Cutter Mowers and asks for damages based on negligence in producing the power mower. Is Cutter Mowers guilty of negligence? List the legal doctrine and provide an explanation. • Uncertainty of legal outcomes • Higher jury awards: • Long delays in settling lawsuits:

Answer 1

2.

a.Property owners: Property owners have the legal obligation to the injured party. The liability will differ depending on the following circumstances.

• Trespassers: Trespassers are the persons who occupy the property of the owners and the property owner does not have any liability towards the injured person.

• Licensee: Licensee is a person who has the rights to use the property for a period through an implicit or written contract. The occupant should warn the unsafe measures of the property, but he does not have any obligation to meet the harm on the unsafe activities.

• Invitee: Invitee is the person who comes and acts for the benefit of the occupant. In this case, the occupant is solely responsible for the harm caused due to unsafe activity.

b.Attractive Nuisance Doctrine: According to this doctrine, the circumstances are attractive to the children and can cause injury to them. The occupant should maintain the ordinary care to protect others. If any injury happened to children then occupants will be held liable for the damage or injury due to the unsafe measures.

c.Owners and operators of automobiles: The owner of automobile who drives carelessly and causes injury is responsible for the liability caused to the damaged person. The owner can have the rule of last clear chance. Incase if the operator of the vehicle is not the owner then the owner is not responsible for the act of the negligence of the operator provided if there is an absence of agency relationship.

d.Governmental units and charitable institutions: Governmental units are held liable for the acts of the failure or negligence in performing the governmental functions and proprietary functions. Charitable institutions are held liable for the acts of negligence, especially the acts which have the commercial activity.

e.Employers and employees: Where there is an employer employee relationship, the employer is held responsible for the negligible acts of the employee. The employer is not responsible if there is no agency relationship. Two conditions should be satisfied for the obligation of the employee:

1. There should be legal relationship.

2. The employee must act within the scope of the employment.

f.Parents and Children: As a common law, the parents are held responsible for the acts of their children. There should be two conditions needs to be met for this requirement:

1. The children must have used the dangerous weapons or things to create the damage or injury.

2. The child must have acted the negligence as an agency relationship on behalf of his parents.

g.Owners of animals: According to the doctrine of the strict liability, the owners of the wild, pet or ordinary animals are held liable for the mischief acts of the animals and to the damages or inquiries to the other party.