Question

We have to write an Issue Negligence statement.

The instructions-

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In writing an issue statement the question should identify the general legal theory linked to a fact which gives rise to the claim. Remember your reply must address the substantive writing not the format. Suggest improvements along with an explanation of why and then offer the improvement by rewriting the issue of the post. If in fact you see no room for improvement identify the parts of it that meet the need of being a good issue statement and provide an explanation of your assessment.

The rule statement must start with the general rule and provide elements and defenses. Lists are not to be used. Most likely it will take the form of 2 paragraphs. The reply must be substantive, with explanation and rewrite included."

WOD Chemical Company operates a plant on the Russian River, outside of Geyserville, CA. The plant produces a sulfur compound used on wine grapes. This plant has been in operation for about 25 years and has passed all California State health and safety operation inspections.. On July 5^th, a fire (caused by overheating machinery using a self-made insulating devise) in the plant caused an explosion of one of its sulfur tanks resulting in massive dumping of sulfur into the nearby Russian River. In August local wine producers noticed their wine grape vines were suffering, and grapes were shriveling and dying. Local River analysis showed abnormally high levels of sulfur content and it was speculated that the sulfur either came directly from the fire based explosion, or there was some other leak at WOD. (Some claim the plant has been dumping Sulfur waste into the river for years although the river is regularly inspected by State Agencies) The California Health Department and other government agencies in response to the recent sulfur levels, posted notices along all public access points warning the public of these sulfur levels and potential health risks from direct consumption of the water. Trifork Winery has filed suit against WOD for monetary damages.

Answer 1

A negligence statement should cover four elements - duty of care, breach, causation and damages. The case of WOD chemical company covers all these four elements of negligence.

Duty of Care - Every organization has a certain duty of care towards the environment and the society. WOD chemical company has failed to fulfill this duty of care towards the environment and society, due to their negligence there was an explosion and massive dumping of sulfur took place on the nearby Russian river resulting in death of Grape vines and health of the people living in the surrounding areas is at stake. Since WOD could not fulfill this duty, it is an element of negligence.

Breach - WOD has not taken any precautions nor they have planned for any kind of unexpected disasters, which may create harm to the environment and people/society. Since WOD has breached the duty of care, it is an element of negligence.

Causation - Had WOD taken right precautions or if they had right procedures in place to mitigate the risk, then this wouldn't have happened. The fire from the overheating machinery has created a havoc in the Grapevine. The sulfur from the machinery has leaked to the adjacent river and that has damaged the livelihood of the Vineyard owners. WOD is solely liable for the disaster which is a result of breach of duty of care, which is an element of negligence.

Damages - There is an economic loss to the vineyard owners due to the dead grapes from the vines and suffering vineyards. There is a potential risk to the people who consume the water that has been polluted with sulfur, which may result in unexpected and grave health issues. Since there is financial loss, severity of the impact, and impact of health and one's future, this is again an element of negligence which ultimately WOD has to compensate to all those who are affected.

Since WOD has fulfilled all the four elements of negligence, it is liable to cover all the monetary damages Trifork Winery has faced, and WOD is liable to pay up for the damages incurred to the Trifork winery.