Reference no: EM133299240

1. First, I would tell my partner what negligence is. Negligence is failure to protect others from the risk of harm. Every person has the ability to be negligent, and unfortunately, we have all been negligent at some point in our lives. There are four elements of negligence. Existence of a legal duty, failure to preform that duty, damage or injury to the claimant, and proximate cause relationship between the negligent act and the infliction of damage. If we are found to have been negligent, we could face consequences. If I were to run a stop sign and hit another vehicle and injure another person, I could face legal and financial consequences. I could go to jail for negligent driving and be sued for negligence by the person I injured. In instances like this it is best to have liability insurance. A tort is a legal wrong for which the law allows a remedy in the form of money damages. The tort liability system does have issues. These issues include a defective tort liability sytsem, medical sector claims, and class action lawsuits. There are rising tort liability costs, uncertainty of legal outcomes, and long delays in setting lawsuits. However, liability insurance is still necessary to have.

2. While we are consulting with the property insurance manager, Joy asks why liability insurance is expensive? The negligence issues and responsibilities require courts settling lawsuits which result in high legal costs. The three main issues are torts(intentional), strict(absolute) liability, and negligence. Intentional acts, situations where harm is done although negligence cannot be proven and conduct or behavior below the standard of care required by law are problems that we face daily. There are defenses against negligent actions. Contributory negligence states that the injured individual cannot collect damages because they failed to show standard of care. Comparative Negligence means that the financial burden is shared by both the plaintiff and defendant because of the defendant's contribution to the injury. The last clear chance rule states that if the plaintiff is endangered by his or her own negligence and the defendant fails to avoid the accident then the plaintiff can collect damages. The assumption of risk doctrine states that a person who comprehends and recognizes the danger inherent in a particular activity cannot recover damages in the event of an injury.

Negligence can be applied to property owners. Though, the trespasser should not be on the property the property owner must follow the duty of slight care. The owner's right to land cannot be the only thing protected, children must be protected based on the attractive nuisance doctrine. The family purpose doctrine can be applied to the liability of an owner who is not the operator. The general rule is that the owner is not liable for negligent acts of operators. However, the laws in all states clearly require the owner of an automobile to exercise reasonable care while operating the automobile. Three tort liability problems are defective tort liability system, medical sector claims and class action lawsuits. The tort liability is system is defective resulting in uncertainty in legal outcomes and long delays in settling lawsuits. Medical malpractice occurs when a negligent act or omission by a physician or other healthcare professional results in injury or harm to the patient. Class actions suits can include cyber lability whereas the organizations are at risk to hackers and public entity identity.