Sunday, May 10, 2020
How to Prepare a Sample Tort Essay Question to Help You With Your Lawsuit
How to Prepare a Sample Tort Essay Question to Help You With Your LawsuitA sample tort essay question focuses on the issue of vicarious liability. By definition, vicarious liability means that a person can be held liable for the actions of another person even if the person did not engage in the conduct that is the basis of the claim.There are two basic premises in any wrongful act lawsuit. First, a person is liable for the conduct of another person. Second, the other person can hold you liable for a claim for which you are not responsible.For instance, in a medical malpractice case, the plaintiff may allege that the defendant doctor failed to provide adequate care or, alternatively, he failed to diagnose the underlying illness. If the plaintiff's physician was negligent, then the doctor may be held liable for the patient's injuries. If the defendant doctor fails to diagnose the illness, then the doctor has committed a wrongful act under tort law. The doctor cannot avoid being held li able by hiding behind the excuse that he was not trained to diagnose the condition.Another example is in personal injury cases. The plaintiff claims that the defendant's company is negligent for an injury to a pedestrian. If the plaintiff's attorney is able to establish that the defendant was negligent, the lawyer can file a lawsuit claiming damages. If the defendant can prove that the plaintiff is legally liable, then the defendant may have a defense that may keep him from being held liable.A person who thinks he or she will have trouble with this type of tort law should prepare a sample tort essay question to guide the attorney and to begin a dialogue. This question should take a broad view of tort law. It should give examples of specific types of lawsuits involving negligent behavior. It should also include an explanation of the different types of actions a person can sue for.Most commonly, a person will choose to sue a company that has caused him or her harm and seek damages whe n the company asserts that it was not negligent. The people who operate snowplows, for example, may be sued for injuries sustained by someone who is hurt while walking or playing in a snowstorm.In contrast, a company that operates a business and does not afford the employees any type of protection from accidents may be considered negligent. If the plaintiff proves that the employee was injured as a result of the employer's negligence, the plaintiff may be entitled to compensation. An example of a negligence lawsuit would be a company that provides employees with a cell phone that doesn't provide proper coverage of service in a particular area.Finally, the plaintiff may sue the employer for emotional distress if the employer is found to have been negligent in providing the proper training or supervision to the employees. For example, if an employee was injured while trying to protect another employee, the injured employee may have a claim for emotional distress.
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