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Essay / Negligent Tort - 1797
Negligence is a tort law and it falls under civil law, which means that a tort has been committed (Tort and Negligence, 2012). The American civil justice system defines tort law as situations that occur when the wrongful conduct of one party causes harm to another person (WiseGeek, 2003). The responsible party is not acting as a reasonable person toward someone to whom they owe a duty, as the law requires in the circumstances. Torts of negligence are not committed intentionally and there must be harm resulting from the breach of duty (Negligent Tort Law, 2014). A tort of negligence is caused by negligent behavior, and this includes the failure of a person to exercise reasonable care and the negligence committed can cost the company dearly, and if a product manufacturer causes death or injuries resulting from the use of the company's products, the end result will be a costly and time-consuming legal action. In the event of a negligent act, a company could be publicly exposed, which could result in a loss of profits due to consumers' fear or unwillingness to purchase the product, and the stock value could fall if the company was listed on the stock exchange. This can be very detrimental to a business and could ultimately force it out of business (Seaquist, 2012). Examples of tort law include assault, nuisance, battery, defamation, and trespass. To summarize, a tort case depends on the breach of duty, and to prove negligence in a civil court, three elements must be proven: duty, breach, and damage (Tort and Negligence, 2012). There have been many products that have caused significant harm to consumers due to the poor quality in which they were manufactured or due to ignorant circumstances that the company producing it...... middle of paper. ..... defenses to negligence claims, (2013). Find the law. http://injury.findlaw.com/accident-injury-law/defenses-to-negligence-claims.htmlNegligence - duty of care, (2013). http://www.e-lawresources.co.uk/Duty-of-care.phpNegligent Tort Law & Legal Definition, (2014). http://definitions.uslegal.com/n/negligent-tort/Product Liability in Negligence, (2011). http://www.out-law.com/en/topics/commercial/supply-of-goods-and-services/product-liability-for-negligence/Recall Handbook, (2012). United States Consumer Product Safety Commission. http://www.cpsc.gov//PageFiles/106141/8002.pdfStandards of Care and the "Reasonable Person", (2014). http://injury.findlaw.com/accident-injury -law/standards-of-care-and-the-reasonable-person.html Reference following WiseGeek (2003). What is required to prove negligence? http://www.wisegeek.com/what-is-required-to-. prove-negligence.htm