Reference no: EM13330027
A nurse's aide at a hospital that treated many Alzheimer's patients. Alzheimer's sufferers are often violent, and the aide knew that her job involved working with violent, combative patients and also knew about past incidents in which patients attacked aides, but she and other aides received training in violent patients. Tom was such a patient. , he had hit hospital employees. One day,Aide saw that Tom was being aggressive with another aide who was trying to move him from a chair into bed. While she was helping, Tom hit Aide several times on the head, causing serious injuries. Tom died shortly thereafter of natural causes. Aide sues Tom's estate for negligence, and the estate raises the defense of comparative fault.
Which of the following statements is most likely correct, assuming that the jurisdiction maintains a pure comparative fault system?
A.If a reasonable person with's Aides’s training in dealing with mentally ill patients would not have intervened,Aide's recovery should be reduced by the doctrine of comparative fault.
B. If a reasonable person without Aide's training in dealing with mentally ill patients would not have intervened, Aides recovery should be reduced by the doctrine of comparative fault.
C. Because it was unreasonable for Aide to approach Tom while he was combative,Aide’s cannot recover against Tom’s estate.
D. If no harm would have occurred had Aide not approached Tom,Aide cannot recover against Toms estate.
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