Case Study on Tort Claim Essay

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Tort

In common law, a tort is a civic wrong that causes a plaintiff to suffer harm or loss which results in legal liability for the individual (defendant) who committed the tortious act. The goal of filing a tort claim is to receive a private civil remedy or monetary compensation for the tort action. In essence, a claim for a tort action seeks to obtain remedy or compensation for purposeful infliction of negligence, injuries, emotional distress, invasion of privacy, and financial losses. There are different kinds of tort claims including intentional torts, negligent actions, miscellaneous torts, product liability issues, and strict liability. However, for an individual to win a tort claim, he/she must adequately prove that all aspects of the tort law were committed. In this scenario, there are some individuals who could file a claim for a tort action.

Tim (plaintiff) has a claim of tort action against the man who threatened to kill him (defendant). The plaintiff could file an invasion of privacy tort against the defendant whose actions resulted in the physical injury and damages to his apartment. Even though the defendant’s identity is unknown, the plaintiff could use an experienced personal injury attorney to file a tort claim against him (the defendant). However, the plaintiff’s chances of success are very minimal given the complexities involved in handling cases with unknown defendants. Therefore, I think the defendant could win the case because of his mysterious identity, which implies it would be difficult for the plaintiff to serve him with a complaint after filing the case or tort action claim in court.
Tim (plaintiff) also has a claim of tort action against the fire alarm company (the defendant).

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In this case, the plaintiff could file an ordinary negligence claim for the unintentional acts by the defendant that caused the physical damage. According to tort law, ordinary negligence is an unintentional tort that emerges when a person or entity has a duty to another, which is violated through an act or omission of an act that eventually causes direct damages or harm to an individual or property. Therefore, the harm caused by the sprinkler’s head could be used by the plaintiff to support his claim for ordinary negligence tort. The defendant could argue that this injury was not an act or omission of an act since the sprinkler’s head did not fly directly to the defendant’s eye. Additionally, the system was designed to respond to an emergency, which emerged after the unknown man pulled the building’s fire alarm on his way out. Despite these arguments, the plaintiff would win the case on the premise that the defendant did not undertake all measures to prevent all foreseeable harm or damages that could be caused by the fire alarm system. The failure to consider all the possible aspects of harm would be tantamount to an act or omission of an act, which in turn generates liability on the defendant’s part.

The cab driver (plaintiff) has a tort claim against the garage (defendant) for damages caused to his car. The plaintiff could file an….....

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