Brittany McKinley

BUS 216 FRCC

Summer 2015

TORT LAW

Liable For the Tort of Negligence?

Shannons physician given her some pain

medication and tells her not to drive after
taking it because the medication induces
drowsiness. In spite of the doctors warning,
Shannon decides to drive to the store whiles
on the medication. Owing to her lack of
alertness, she fails to stop at a traffic light
and crashes into another vehicle, causing a
passenger in that vehicle to be injured. Is
Shannon liable for the tort of negligence?

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What is tort?

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Tort
Tort is a wrongful act (other than a breach
of contract) that results in harm or injury
to another (Miller, 2014)
Two broad classifications of torts:

Intentional torts
Unintentional torts (negligence)

The classification depends on how the tort

occurs
Tort law provides remedy to those affected
by invasion of their protected interests.

Intentional Torts

A wrongful act knowingly

committed (Miller, 2014)
When someone intends to commit
an act that results in a tort they are
classified as the tortfeasor
The actor must have intended the
normal consequences of their
action

Examples of Intentional
Tort

Assault and Battery

False Imprisonment
Intention Infliction
of Emotional
Distress
Defamation
Trespass to Land
Conversion
Etc.
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Unintentional Torts (Negligence)

Negligence is the failure to

exercise the standard of care that a
reasonable person would exercise
in similar circumstances (Miller,
2014).
In an unintentional tort the actor
creates risk of consequences
The risk must be foreseeable

Unintentional Torts Continued

To succeed in negligence action the

plaintiff must prove:
1. Duty
2. Breach
3. Causation
4. Damages

Tort law measures duty by the

reasonable person standard. In order to
determine if a duty of care has been
breached the courts ask how a reasonable
person would have acted in the same
circumstances (Miller, 2014).

The Duty of Landowners:

Landowners are
expected to exercise
reasonable care to
protect persons coming
onto their property from
harm (Miller, 2014).
Duty to warn business
invitees of risks: Landowners
have the responsibility to
remove hidden dangers from
business invitees
Obvious risks are an
exception: for instance you do
not have to warn customers to
open the door before walking
through it etc.

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http://www.taylorboguski.com/blog/

The Duty of
Professionals

Certain individuals are held to a different duty of

care because of their knowledge and training.
For example: Doctors, Dentists, Accountants and
Lawyers are a few example of professions in
which their actions must be consistent with their
status.
When a tort of negligence is presented the
courts must determine whether professionals
have exercised reasonable care, the law takes
training and expertise into account (Miller,
2014)
Malpractice occurs when a professional violates
their duty of care.

Causation

When determining an action of

negligence the courts ask two questions:
1. Is there causation in fact? Without the

unlawful act would the injury still have taken

place?
2. Was the act the proximate cause of injury?
Is the connection between the act and injury
strong enough to impose liability? (Miller,
2014).
Proximate cause is linked to foreseeability. The

defendants actions must have created a

foreseeable risk in order to be held liable.

Cyber Torts

Cyber torts are torts that are

committed in the online
environment.
There are certain Federal and State
Statutes that may also apply to
certain forms of Cyber Torts.
As technology continues to
advance, so does the capability of
cyber torts.

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After Exploring Tort Law Should

Shannon be Held Liable?

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Facts of Case

Shannon was prescribed pain medication

The medication induces drowsiness
The Doctor warned Shannon to not drive
while taking this medication
Shannon fails to stop at a traffic light
The lack of stopping at a traffic light
causes her to crash into another vehicle
which resulted in the passenger of the
other vehicle getting hurt.

Duty of Care
Shannons
Responsibility

Prevent actions that

result in unnecessary
risk
Follow Doctors order
to not drive while
taking the medication

Physicians
Responsibility

Ensure Shannon
knows the limitations
the medication
causes

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Case Interpretation

The physician completed his/her duty of

care by explicitly stating that Shannon
should not drive
Shannon drove regardless of heeding her
doctors warning
Because Shannon did not follow her
doctors order she was driving while
impaired and injured another individual
Shannon drove while impaired and caused an

injury but if she did not drive while impaired

the accident could have been avoided.

Case
Results

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Shannon should be held liable for her

negligent behavior. Shannon was warned
about the affects of the prescribed
medication. Shannon was advised to not
drive while taking the medication and
chose to not listen. The Doctor completed
his/her duty of care by informing and
educating Shannon, but she did not
adhere. Due to this she caused an
accident that likely would have not
occurred if she had followed her duty of
care. She knew that she should not drive,
so driving while impaired and causing an
accident is foreseeable making this a
case that is viable in court. Also, the
victim was subjected to injuries thus
making this the grounds for unintentional
tort.

References

Carle, J., & Perritt, H. (2006). Civil Liability on the Internet. Retrieved July 11, 2015,
from
http://www.americanbar.org/newsletter/publications/gp_solo_magazine_home/gp_s
olo_magazine_index/civilliability.html

Honor, A. (2001, November 8). Causation in the Law. Retrieved July 7, 2015,
from http://plato.stanford.edu/entries/causation-law/

Miller, R. (2014). The Legal Environment of Business. In Business Law Today: Text
& Summarized Cases (10th ed.). Mason, OH: South-Western, Cengage Learning.

Unintentional Tort Definition | Investopedia. (2011, May 18). Retrieved July 9, 2015,
from http://www.investopedia.com/terms/u/unintentional-tort.asp

What are Intentional Torts? (n.d.). Retrieved July 9, 2015, from

http://injury.findlaw.com/torts-and-personal-injuries/what-are-intentional-torts.html