Instructions:You will conduct a case application on Liability Risk. Consider the following scenario: Michael was working in the stockroom with Ed. Ed was busy unpacking stock while Michael decided he...

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Instructions:You will conduct a case application on Liability Risk. Consider the following scenario:


Michael was working in the stockroom with Ed. Ed was busy unpacking stock while Michael decided he wanted to goof around on the forklift, though not having the proper training to operate the machinery.. Michael attempted to lift a pallet of heavy boxes when they fell over, crushing Ed underneath. Ed survived, but suffered several severe injuries, and later sued Michael on the grounds that "Michael's negligence was the proximate cause of the injury."


a. Based on the above facts, is Michael guilty of negligence? Your answer must include a definition of negligence and the essential elements of negligence. Explain.


b. Michael's attorney believes that if contributory negligence could be established, it would greatly influence the outcome of the case. Do you agree with Michael's attorney? Your answer must include a definition of contributory negligence. Explain.


c. If Michael can establish comparative negligence on the part of the company, would the outcome of the case be changed? Explain your answer.


d. Is the company liable for damages? Explain your answer.


Requirements:
1. Properly APA formatted cover page
2. Each question answered fully and written in complete sentences. You may write them out as short answer essays.


3. Minimum of 2 written pages (does not include cover page or reference page).


Answered 1 days AfterFeb 18, 2021

Answer To: Instructions:You will conduct a case application on Liability Risk. Consider the following scenario:...

Somudranil answered on Feb 19 2021
157 Votes
Running Head: Negligence        1
Negligence        3
NEGLIGENCE
Table of Contents
Discussion    3
References    8

Discussion
a) Yes, absolutely Michael has been completely ignorant about how his actions might have several repercussions on others. This is the failure to behave with the level relating to the care that someone happens to be of ordinary prudence would be exercised relating to the same circumstances. This behaviour happens to consist of actions that is also inclusive of omissions whenever there is a chance pertaining to the aspect to duty to act upon. The elements of negligence can be the existence of the legal duty that the defendant happen to own to the plaintiff and consequently defendant’s breach relating to that duty. This furthermore paves the way for plaintiff’s sufferance concerning an injury. Now Michael has been completely negligent of his behaviour it is because of his sheer callousness that led to Ed’s injury. Had he been a little more careful this would not have taken place and Ed would have been well...
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