Posted: October 17th, 2013
A negligence lawsuit must satisfy four main elements for it to be successful. They include the defendant owing a duty to the affected, they must have violated this duty, the violation of the duty should have resulted in harm to the affected and this injury must be a foreseen accident by a normal person. These elements make it possible for a negligence lawsuit to take place. Mrs. Smith will prevail in her lawsuit against the manufacturer of the truck that led to the death of her husband, Ford Motor Company. This is because all the elements of negligence have been met in accordance to the facts given concerning this case. This lawsuit will triumph due to the negligence law that serves to protect individuals from injury due to negligence whether intentional or unintentional. This legal concept (negligence) enables the affected party to obtain compensation in the case of the occurrence of any accidents.
From the case study provided the first element of the lawsuit was proven. The defendant in this case was Ford Motor Company while the plaintiff was Mrs. Smith. The defendant owed a responsibility to the plaintiff, in this case that of selling a good and road worthy vehicle to them. The defendant should have ensured that the truck was in acceptable condition before authorizing the sale to the plaintiff. This would have ensured that the plaintiff was safe when driving the truck and was not exposing himself to unnecessary risks. It was negligent in the case of the truck manufacturing company since they ignored their duty to the plaintiff. Mrs. Smith’s lawsuit has satisfied this requirement because the defendant owed a duty to the plaintiff but did not honor it resulting in the death of Mr. Smith.
The second element that requires being satisfied is that the defendant must have dishonored the duty that they had to the plaintiff. In this case, the plaintiff’s duty was violated by the sale of a truck that was not in satisfactory condition. The truck sold to the plaintiff’s company had a defective alternator. Even after the routine checks, the problem was undetected, it was only noticed when the truck suddenly stopped as the driver was delivering some goods to a customer. By the sale of a car with a faulty alternator, the motor company has violated the duty it had to the plaintiff and the lawsuit against them will prevail since this element has been proven without reasonable doubt.
Another element required for the negligence lawsuit to be considered is that the violation caused by the defendant resulted in harming the plaintiff, Mr. Smith. Because of the negligence of the company, it authorized the sale of a faulty truck to Greene. This resulted in the truck being stalled in the middle of the highway and the subsequent accident that befell Mr. Smith that results in his death. This is because the alternator is a device that controls the electrical system of the truck including the emergency lights. This flaw made the plaintiff leave the truck and manually signal to the other drivers in order to avoid them hitting the truck. This is when a mini-cooper ran into him as the truck in front of it swerved away from the truck. Therefore, the negligence of Ford Motors resulted in the death of the plaintiff however indirectly it may seem.
The last element that will make this lawsuit viable is that the injury of the plaintiff was predictable by a regular person. The faulty alternator is an extremely important device in the every car, and most people know this. This is because it regulates the electrical system of the car. It is general knowledge that the emergency lights are controlled by the electrical system, and if this system is malfunctioning, it puts the life of the driver at risk. The injury of the plaintiff in this case was, therefore foreseeable by any reasonable person. Mrs. Smith’s lawsuit will prevail because it has satisfied all the requirements needed.
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