Reference no: EM133151705

Negligence

Read the case below and answer the questions that follow.

When one party fails to act reasonably and even though any harm that occurs is not intentional, an injury is suffered as a result of the unreasonable conduct. The damaged party may seek compensation from the tortfeasor through a negligence claim. When the tortfeasor causes harm to an injured party by creating an unreasonable risk of harm, the injured party is entitled to compensation regardless of the tortfeasor's intent. Since employers are typically liable for the negligent acts of their employees, injured parties frequently seek damages from the company employing the tortfeasor.

Adam's Apple Orchard Inc. (Adam's) deploys a fleet of 10 trucks to transport apples and other fruits from its growing fields to a central inspection and processing station. Adam's uses the services of Safety Inspection and Repair Company (SIRC) to maintain its fleet. Although each vehicle was typically scheduled for a maintenance check every six months, recent cost-cutting measures at Adam's resulted in a change to once-per-year inspection and maintenance. Last month, one of Adam's drivers was on his route when an intoxicated pedestrian stumbled onto the roadway. Although the driver had a clear view of the pedestrian, the brakes in the truck failed, and the pedestrian suffered injuries from the collision. The evidence revealed that the truck had been inspected on the previous day and found to need new brakes. A mechanic trainee, who was not yet certified installed the new brakes incorrectly and violated state safety inspection standards.

Answer these.

What breach(es) of duty occurred here?

What were the cause-in-fact and proximate cause of the pedestrian's injuries?

What defense could be asserted in this case?