identify and describe the elements of a cause action based upon negligence?
403716
1) duty\n2) breach\n3)causation (actual and proximate)\n4)damages \nyou must meet all four elements for a negligence cause of action.
641862
Mitigation of damages takes into account other actions (esp. by the plaintiff) that could have contributed to the extent of the damage caused. e.g. If you are involved in a car accident, while driving w/out a seat belt and suffer terrible physical injury as a result, then the erring driver will be responsible for causing the accident but not necessarily the extent of the injuries which could have been reduced had you been wearing your seat belt. The court may reduce the damages awarded in a civil suit by 15%.
968104
Hi Violet.\n\nWhat area of tort were you reading about? I don't have this particular book as it is too far out of date.\n\nThere must be some context in which importance was attached to what was said, perhaps a reference to some precident or case?
264463
There is such a thing as criminal negligence.  Let me give you an example:  If a person is drowning in a pool and you are holding the lifesaver ring and don't throw it to them, then you are committing a crime of inaction (if it can be demonstrated that you were capable of throwing the ring).  As far are accidents go, you probably can't be held accountable for such a thing because of the diffusion of responsibility that comes with being a motorist on a highway.  Each person who passes the accident might reasonably believe that someone else has or will report it.  As for whether you can be prosecuted:  The reality is that a prosecutor can charge you with any crime at any time, regardless of circumstances or evidence.  The questions you need to be more concerned with are how likely is the prosecution, and how likely is a conviction.  In the case of your question the answers are: not very likely, and not a snow-balls chance in hell of conviction provided you give even a half-assed reason why you had something better to do than report the accident (ie my phone battery was dead).
1111847
That depends. If no harm or injury was caused, nothing other than inform him/her of the error . If the medication error resulted in an injury, then contact the state medical board and lawyer if needed.
248930
You must have a strong case.  The injury must be the restaurant's responsibility through negligence.  You need to document the injury and cost of medical treatment (doctor's bill?).  Then you must preferably have the names of witnesses who were present and can (if necessary) testify that they saw the negligent act.  Try to recall the wait staff (name?) who may have witnessed or caused the incident.  Did you show the injury to restaurant management and did they try to assist you?  You likely will need a good attorney who will likely take the case only if the one third of a settlement (including pain, suffering and disfigurement?) pays more than enough for their efforts.  Of course the attorney will want to know how much of your own carelessness (if any) contributed to the injury.  I would not expect to collect if I enter a restaurant and deliberately used their knife to stab myself in the hand, right?  Good luck.
363533
I think that this will be a helpful page for you:\nhttp://ca.dir.yahoo.com/Business_and_Economy/Business_to_Business/Financial_Services/Insurance/Commercial/Professional_Liability/Medical_Malpractice/
1108205
rehabilitation.  realizing you did something wrong is the first step in learning to not do it again.  taking responsibility for you actions is the right thing to do as well.  perhaps the courts lienancy is to encourage this behaviour.
1121538
yes......such as medical, trespass, insurance? what exactly do you need to know?\na TORT is a civil wrong for which the victim receives compensation in the forms of damages.
256187
The easiest way to find out the statute of limitation is to consult an attorney in your state. Usually, if he/she works in Tort law (which handles negligence & malpractice) and if the case is not complex, he/she will know it off the top of his/her head. Hope this helps point you in the right direction.
16706
First name the event then it's cause or an explanation of why it is occurring, where, time, location, etc.
209231
you should check with the BBB or the medical malpractice section of your local courthouse.  (probably their records department)
1023060
Start with right a letter to the company ask for show cause.  Once you send this letter depending upon the reply you can proceed with the case.  What is the amount involved.
553335
Your question is confusing. You only mention liability. Please be more specific.
969178
In the UK, the burden of proof in civil (or tort) cases is "on the balance of probabilities" and in criminal cases "beyond a reasonable doubt". \n\nOf the three examples you gave:\n\n1. Negligence is generally a tortuous claim and therefore is determined on the balance of probabilities. (ie. 51% over 49%)\n\n2. Acting with undue care or attention is an aspect of negligence.  Although with negligence, you must first prove there was a duty of care owed and then secondly prove that on the balance, that duty was breached. (For a far better explanation of the above, see: Lord Atkins dictum in Donoghue v. Stevenson, Anns v. Merton London Borough Council, and most recently, Caparo Industries v. Dickman)\n\n3. The defence of Automatism is used in criminal cases and has a variety of barriers depending on whether you are claiming insane automatism which is caused by a "disease of the mind" (R v. Quick) or non-insane automatism with is due to external factors (R v. Hennessy).
523255
Dear Friend,\n\nThe test for negligence liability is whether the defendant (1) owed a duty to the plaintiff, (2) breached that duty, (3) and thereby foreseeably caused, (4) harm to the plaintiff.\n\nIf the ISP is hosting a public discussion forum, they are essentially inviting members of the public to participate.  The ISP owes the participants all reasonable safeguards to protect, for example, their security and privacy.  If the ISP knew or should have known that minors would participate, that affirmative duty to monitor communications over the forum increases substantially.  Whatever a reasonable person moderating such an online discussion involving minors would do, the ISP must do.  Obviously, there's going to be a lot of wrangling over what that is exactly, but MySpace's deletion of tens of thousands of objectionable profiles recently suggests that it's more than turning a blind eye and hoping for the best.\n\nThe question of breach is factual.  What did the ISP in fact do?  Did it do what a reasonable ISP would do?  For example, did it have a system in place to identify and prevent inappropriate communications?  Did it post warnings for minor users?  Did it moderate?  Did it enable parental controls?  Did it ban known predators' IP numbers or just close down one disposable account after another?\n\nThe question of causation will be tricky also.  The ISP will say that the molestor "caused" the harm, not the ISP.  But really, by setting up the dangerous condition that allowed the predation to take place, the ISP cam be liable.  It's like leaving a huge pool of oil in your front yard and claiming you have no liability when some kid comes along, drops a match in it, and burns down the neighborhood.\n\nAs to harm, molestation sure counts.  \n\nSo yes, depending on the facts, there can be liability for the ISP.\n\nYour Friend,\nFrancesois
679254
Rights of statute :P\nBasically the stuff that companies don't want you to know about, laws and stuff, like if something isn't fit for the purpose intended you can get your money back on it,that kinda thing.