Question 1

In a someoneal injury rectitudesuit , nether the legal concept of s missness a person thunder mug be held legally liable for both disabilitys they fix through their c argonless (or negligent ) behavior . The law of heedlessness requires that persons drive themselves in a manner that conforms with certain standards of lend . Where an individual s actions fail to meet these standards of bestow , the law requires the person to compensate someone for the injury that resulted . This also covers an individual s neglect to act . In tort law , negligence is a distinct cause of action The Restatement of Torts defines negligence as conduct that falls below the standard established by law for the protection of others against unreasonable risk of revile There are five elements of negligence , and these are : a certificate of indebtedness of lot owed by the defendant to the plaintiff a breach of that duty an actual causal connection between the defendant s conduct and the resulting harm a proximate cause , which relates to whether the harm was predictable and most importantly damages resulting from the defendant s conduct . clear negligence means conduct or a loser to act that is so reckless that it demonstrates a substantial lack of concern for whether an injury will result . However where the damage is caused intentionally , then it is a willful tort or an intentional tort . The salient features of an intentional tort that are absent in negligence are the elements of intent , antagonism , and or ill willIn the private security industry , the most effective way to prevent potential lawsuits is to take parentage of the five elements that constitute negligence as well as the features of intentional tort in to avoid these costly situationsIn Gantt v .

K-Mart sens , Gantt d a complaint for negligence against K-Mart Corporation , and its loss control manager working at that pedigree at the time of the incident , Daryl Ward , and the Federal security measures Corporation , the subcontractor who was providing additional security personnel at the terminal , and one of its security guards , Tracey Horton Gantt was knocked to the floor by a fleeing booster rocket and sustained injuries as a result . Gantt further claims that the negligence of the aforementioned parties was the proximate cause of her injuries . The Court ruled that the harm caused to Gantt by the fleeing promoter was not foreseeable . There was no evidence in the record of any patron of K-Mart universe knocked down during an apprehension by security at any time in the past , and no evidence of inferior security measures by K-MartIn Giant Food , Inc . v . Mitchell [640 A .2d 633 (Md . 1994 )] , the plaintiff had just entered the store when she was knocked down by a fleeing shoplifter in the foyer outside the store , and the engage security personnel chasing the shoplifter then fell on top of her . The store security personnel had stopped the shoplifter in the foyer , asked to examine the contents of his bags , and then wrestled with the shoplifter in the foyer , attempting to...If you want to get a replete(p) essay, order it on our website: Orderessay

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