Tort of Negligence and Parents-Drivers Responsibility

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To begin with, the given examples show how adult drivers make rather rash or thoughtless decisions that cause harm and injury to their loved ones. Clearly, children suffer great trauma because of the reckless behavior of supposedly mature adults. In some cases, a father drives a car incautiously after drinking alcohol which causes the unfortunate event leading to visible injuries of their kid. In other examples, a father or any other older relative decides to entertain the younger family member by taking on a tractor ride or any other form of transport that is highly unsafe for the youngster with no driving experience or an ability to control their actions. Obviously, such harmful consequences were not intentional, however, these people had to be aware of their responsibility as mature adults who could predict that those situations were bound to happen.

Speaking of the Tort of Negligence, this term perfectly describes this type of cases where the damage is caused by a fathers reckless or incautious behavior. Most importantly, there are some major aspects of what is known as a successful negligence lawsuit. First, the defendant fails to exercise reasonable care, which has some harmful repercussions (Clarkson 2012). For instance, the father in the last example had to be cautious and never tow the son in circles in a car because it was obvious that this action could be quite dangerous. Moreover, regular prudent people could never let themselves act so recklessly; that is the reason why such behavior is called negligence by lawyers. Second, such a lawsuit can require monetary or punitive compensation, depending on the level of unintentional infliction of emotional and physical distress of the victim of carelessness. Therefore, the negligence lawsuit is an important part of the law system that considers crimes that are committed by persons who failed to use reasonable vigilance and caution.

Reference

Clarkson, K., Miller, R. L., & Cross, F. B. (2012). Business Law Text and cases: legal. Ethical, Global and Corporate Environment. Cengage Learning.

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