Overview of Tort Claims for Negligence


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Essay #: 065616
Total text length is 6,335 characters (approximately 4.4 pages).

Excerpts from the Paper

The beginning:
Overview of Tort Claims for Negligence
This paper is a basic overview of tort claims for negligence. It first discusses the four elements of negligence, duty, breach, causation, and foreseeability. It provides examples of each of the elements with simple scenarios of negligent actions, or actions that would not be deemed negligent. The paper briefly discusses strict and product liability as an aspect of negligence, but does not provide in depth analysis of these claims. This paper provides a basis overview of negligence which is a very complex area of the law.
There are consequences to reckless behavior, and tort liability for the injury or resultant harm is established through a negligence claim against the tortfeasor....
The end:
.....f the harm was expected.
Negligence is a very complex area of the law and the above explanation is very simplistic and only encompasses a small portion of the aspect of the practice of law. Personal injury and products liability cases are extremely intricate and fact based. They all have in common the four basic elements of negligence and even the most convoluted lawsuit claiming any form of negligence must first discuss duty, breach, causation and foreseeability.
King, M. (2009). The Problem with Negligence. Social Theory & Practice, 35 (4), 577-595.
Rosenberg, D. (2007). The Judicial Posner on Negligence Versus Strict Liability: Indiana Harbor Belt Railroad Co. V. American Cyanamid Co. Harvard Law Review, 20 (5), 1210-1222.