1. Compensatory Damages
The Case
Her case will be based tort law of negligence. Thus, she acquired injuries which she can be prove while taking coffee at my shop. She will argue that the manager acted irresponsibly for serving a too hot coffee. The customer will argue that she was injured while she was on the premises of my business. Thus, her case will be based on tort law of negligence. Since the customer is seeking for reimbursement for the injuries she acquired while in my place. Also, she will basis her case on circumstances that the coffee was too hot since hr degree of burns were 16%. Therefore, she demonstrates that the shop acted irresponsibly for making the coffee that hot. Furthermore, she will argue that even if she was to drink that coffee, there was a possibility that she might get injured due to how the coffee temperatures were.
Therefore, she will try to prove that the manager was negligence for serving coffee with high temperatures. Thus, she will base her case using tort law of negligence. Under the tort of negligence, the customer to prove that we are guilty she will have to (1) demonstrate we owed a duty of care, (2) she must proof we violated and breached the duty of care, (3) the must be a proof that negligent caused damages and injury, and (4) damages or injury occurred (Cross, 2015). Under the duty of care, the plaintiffs must demonstrate that the defendant owed them legal duty care according to. Therefore, the court examines duty of the following to establish a legal duty of care: (1) is there a close relationship between the parties? (2) Did the damages or injury cause foreseeable? (3) Is it appropriate, fair and just to inflict a duty of care (Cross, 2015)?
Also, in proving that there was negligence, the plaintiffs must establish that we breached the care of duty. Thus, for the tort of negligence to have existed, the defendant must breach the legal duty imposed on them (Cross, 2015). Therefore, the law uses ‘reasonable man’ test to identify whether the legal duty of care was breached. The objective test considers the defendant behavior in determining the breach. Once the breach of duty is demonstrated, the plaintiff will use this to demonstrate the how the damages and injuries were caused whether indirectly or directly.
Therefore, the client case will be based on tort law of negligence. Regrettably, the client will manage to convince the jury that we acted irresponsibly that why she was injured. This because we owed her care of duty and we violated the care duty the moment the manager served her with that coffee. Therefore, the jury will reward her compensatory damages.
2. Plan for Tort Reforms
Introduction
Tort law is a law that is responsible for seeking reimbursement for the members of society who experience losses due to the dangerous conduct of others. Therefore, the law stipulates that the damages may be an intentional, negligent or strict liability (Cross, 2015). Due increased lawsuits against the big hospitals there is need to reform tort laws to avoid a situation where people are taking advantage of the law to gain monetary wealth. The increased medical malpractice lawsuits have caused to increase in medical costs. This because expensive lawsuits are increasing the costs of the organization to provide medical care; thus, high cost is being passed to clients. Therefore insurances company end up raising the premiums. Therefore, there are need to amend tort laws.
Reforms Plan
To ensure that the reforms do not take ware the rights of victims but help in removing the excesses. Therefore the plan should be based on the following pragmatic principles. Firsts, lawyers involved in the medical malpractice case should not be allowed to take huge paychecks after his or her client is reward by the jury. Thus, like other businesses lawyers should be paid for their performances. Therefore, by taking this drastic step, we will manage to reduce the number of cases which are not genuine in courts. Also, lawyers shouldn’t be allowed to cash while at the same time there are piling on the government for crackdowns. This pragmatic step will also help in reducing the excesses cases. Furthermore, when the lawyers commit crimes, the punishment should be severe. Currently, attorneys are filing frivolous suits, and their cases are normally at some point rejected by the court, or there are thrown out. Therefore, these reforms will allow the genuine cases in court while at the same time eliminate the abusive cases. These are simple laws but will help in maintaining the existing tort law, but it will help in abusive cases.
Frivolous cases and excesses cases have increased due to country’s views of free market and individualism. Therefore, the modern tort started with an unprecedented wave of personal injuries in the organization. Another reform that should be taken is if the plaintiff loses malpractice he or she pays for the expenses the defendant has used in the case. By advocating for this reform, it assists in eliminating the unnecessary medical malpractices lawsuits. Also, the law should be enacted to stipulate amount in figures institution should pay in case of injuries happens due to recklessness or negligent. Therefore, having a stipulated formula will help in avoiding over or under compensation. These reforms plan will help in reducing excesses case and serve the justice to victims.
References
Cross, Frank B. (2015). The Legal Environment of Business: Text and Cases
