Danger Vs. Caution

1. The surgeon was negligent and forgot to take the clamp out of his patient’s body. He was negligent to his BREACH OF DUTY. He was legally responsible for removing all of the medical equipment before he finished the surgery but failed to do so, therefore, he offended his breach of duty as a surgeon. Charged for negligent tort, offending his breach of duty and putting the patient in harms way by leaving medical equipment in body- GUILTY 1.

2. Danger Vs. Caution 2. • Danger Vs. Caution states that there has to be a distinct warning if something is toxic or can cause danger • The XYZ Chemical Company violates this because they have bright colors and a famous person which attracts people to the product but they do not have any warnings about the toxins in the Chemicals. • This can be dangerous because no one knows the harm that the chemicals can cause, because they are not stated clearly

3. 3 A. Large nail found in soup 3 B. Computer falls out of window and hits Dumb Luck The computer was in a bad position and the company is liable because it is there business and property. They should place there products in a place where not only the product is safe, but any person is safe also. The company should use common sense and realize that a computer should not be put next to a window in case anything out of the ordinary should happen • The soup company is liable for every soup can they put out to sell, knowing this they should check each one to make sure it is edible and not dangerous. • The company has to stand Behind every Product they make and sell, they are responsible for anything wrong with their product

4. Causation 4 A. Cause in Fact Proximate Cause Events that happen that causes damages and injuries naturally without force. This case is Cause in Fact not Proximate cause because there would not have been injuries to Betty if Bill did not light the fire. Although the tank derailed naturally, that did not cause an injury directly. Bill forced the injuries by adding fire to the gas • Cause that would not happen without a result • Railroad tank derailed and spilled gas, Bill lit the gas and burned Betty accidentally during the blaze • Bill would not have burned Betty on accident without the railroad tank derailing and spilling gasoline + + + =

5. 5

6. Argue the Elements! • The defense lawyer can argue that before the roller coaster started, each chair was checked for any loose safety belts • There are safety rules for a reason, and each rider knows about these before they ride the rollercoaster- it is up to them if they follow it or not. But they are liable for their own actions as a person. 6.

7. Foresee Ability 7. • Johnny is liable for Jane’s wrongful death due to negligence because he did not consider Foresee Ability • Foresee Ability is anticipation of consequences resulting from an action. • Johnny should have considered any problems that Jane might have had before he faked her out with a gun. • He needs to think about the consequences of his actions before he performs those actions