Question

First, we should analyze the situation and see if the company has acted negligently to create an injury. Negligence claims must prove four things in court: duty, breach, causation, and damages or harm. If the company acted in a careless way and causes an injury to another person, under the legal principle of "negligence" the company will be legally liable for any resulting harm.

To avoid this type of tort, as a company we need to perform regular safety principles. Checking the premise for situations of increased risk, having a regularly schedule filled up and signed off per supervisors, allowing the owner to have an overview and history of reasonable care. Also, it is good to have a suggestion box, this can help tremendously, because workers are the one that are always in the floor and know what is going on first hand. Having their opinions can give an overview and ideas to managers or business owners.

please put summary and your own opinion

Answer 1

Answer -   Negligence is a legal theory that must be proved before you can hold a person or company legally responsible for the harm you suffered. Proving negligence is required in most claims from accidents or injuries, such as car accidents or "slip and fall" cases. Negligence claims must prove four things in court: duty, breach, causation, and damages/harm.

Generally speaking, when someone acts in a careless way and causes an injury to another person, under the legal principle of "negligence" the careless person will be legally liable for any resulting harm. This basis for assessing and determining fault is utilized in most disputes involving an accident or injury, during informal settlement talks and up through a trial in a personal injury lawsuit.

Elements of a Negligence Claim

Element #1: Duty

When assessing a negligence claim, the first step is to look to see whether or not the defendant owed the plaintiff a legal duty of care. In some circumstances, the relationship between the plaintiff and defendant might create a legal duty -- for instance, a doctor owes a patient a legal duty to provide him or her with competent medical care. Or, the defendant may owe the plaintiff a legal duty to act with reasonable care in a certain situation -- as is the case when one is expected to operate a motor vehicle safely and with a certain level of due care.

Element #2: Breach of Duty

Next, the court will look to see whether the defendant breached this duty by doing (or not doing something) that a "reasonably prudent person" would do under similar circumstances. The term "reasonably prudent person" refers to a legal standard that represents how the average person would responsibly act in a certain situation. Stated simply, the defendant likely will be found negligent if the average person, knowing what the defendant knew at the time, would have known that someone might have been injured as a result of his or her actions -- and would have acted differently than the defendant did in that situation.

Element #3: Causation

The third element requires that the plaintiff show that the defendant's negligence actually caused his or her injury. Sure, someone might be acting negligently, but the plaintiff can only recover if this negligence somehow causes the injury. For example, it wouldn't be fair to sue someone who was negligently texting and driving for a totally unrelated fender bender that happened just across the street -- just because the driver was negligent.

Element #4: Damages

The final element of a negligence case is "damages." This element requires that the court be able to compensate the plaintiff for his or her injury -- usually through monetary compensation for expenses such as medical care or property repair.

An Injury Lawyer Can Help

If you or a loved one has been injured due to someone else's negligence, a potential legal claim may be worth pursuing -- especially if you've racked up medical bills and missed work. Consider meeting with an experienced injury law attorney near you to learn more.