Case Study 2 3
A type of unintended accident that leads to injury, property damage or financial loss. Inthe event of an unintentional tort, the person who caused the accident did so inadvertently andtypically because he or she was not being careful. The person who caused the accident isconsidered negligent because he or she failed to exercise the same degree of care that areasonable person would have in the same situation. People usually assume they will be able tosue and get compensation for their injuries, loss of wages, or damage to their property.(Cheeseman)
Let’s look at MSTC. It failed to maintain the tower in a proper manner. It was put
on notice, by the death of the pigeons, that its omission created a danger. There is no informationwhether it also failed to properly secure the property, but that is a reasonable inference based ontwo things. First, the fact that the kid was able to scale the tower in the first place. Second, sincethe tower was covered in graffiti.
The most common kind of unintentional tort is negligence. You are negligent if youunintentionally cause injury to someone in a situation where you should have known your actioncould cause harm. In order for a defendant to be found negligent, the plaintiff must prove threefactors. First, the plaintiff must prove that the defendant owed the plaintiff a duty of care. A dutyof care is the obligation to avoid careless actions that could cause harm to one or more persons.Second, the plaintiff must prove that the defendant failed to provide the proper standard of carethat a reasonable person would have provided in a similar situation. The standard of care is a wayof measuring how much care one
owes another. Third, the plaintiff must prove that theactions of the defendant were the cause of
the plaintiff’s injuries. Determining the cause, known
fact, is often done by applying the “but for” test. An injury would not have happened