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Jane T (LLC)
Jane T (LLC), Former straight A Student - Now Mom
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In which of the following situations will the acting party

Resolved Question:

In which of the following situations will the acting party be liable for the tort of negligence? Fully discuss and provide examples, laws, or other relevant information to support your answer.
a. Bob goes to the golf course on Saturday morning, eager to try out a new set of golf clubs he has just purchased. As he tees off on the first hole, the head of his club flies off and injures a nearby golfer.
b. Tim’s doctor gives him some pain medication and instructs him not to drive after he takes it, as the medication induces drowsiness. The bottle also contains instructions cautioning that the drug causes drowsiness. Tim drives to Walmart while on the medication. He fails to stop at a traffic light and crashes into another vehicle in which the passenger is injured.
Submitted: 5 years ago.
Category: Homework
Expert:  Jane T (LLC) replied 5 years ago.

Jane T (LLC) :

Hi, the tort of negligence occurs where a person has (1) a duty to protect others (those who are injured), but (2) breaches that duty (by acting in an irresponsible way) that (3) causes (4) an injury to others. Here these elements are met only in b. Tim is told to not drive and, drivers owe other drivers the duty to drive safely. Tim takes medication he knows will lead him to become unable to drive and drives his care negligently as a result which causes harm to a passenger. This is, in many ways, the same way a drunk driver acts when he drinks and drives. While drunk driving is a crime and taking a doctor prescribed medication is not, Tim's action in driving when warned not to means he acted negligently and he is liable in a civil tort case due to that fact.

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