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Textbook(s) Melvin, S. & Katz, M. (2015) The Legal Environment of Business: A Managerial Approach: Theory to Practice / Edition 2 The required words count for this is 1,500; you must provide at least two (2) scholarly sources. You must provide a reference and in-text citations using proper APA Format for each source used. You must provide at least two (2) scholarly sources. You must provide a reference and in-text citations using proper APA Format for each source used. References go after each question. All parts of questions must be answer. Please be sure that your responses are meeting the criteria of academic writing. Please be aware of your spelling, grammar, punctuation, references/citation, etc, should be scholarly, synthesized what you read, and created an analysis in your own words, with reference citations to the sources you consulted, should be carefully proof read for correct spelling, grammar, and sentence construction. Is proximate cause met in these situations? 1. A truck driver crashes into a guardrail. During the accident, a defective steering wheel rapidly spins around breaking the driver’s arm. The driver sues the maker of the steering mechanism. Yes (375 word count) 2. A tenant hurts herself falling down defective steps. The tenant sues the landlord’s insurance company, alleging that they knew the steps were defective but insured him anyway, thus discouraging him from fixing them. No (375 word count) 3. An employer burns down his warehouse for the insurance money. An employee is arrested and falsely imprisoned by the police for the crime. The employee sues the employer for negligence. Yes (375 word counts) 4. A passenger is injured an automobile accident. The passenger sues the liquor store that sold alcohol to the driver of the car who was already visibly intoxicated. Yes (375 word counts)
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Running Header: THE LEGAL ENVIRONMENT
The Legal Environment
Institutional Affiliation
Date
1
THE LEGAL ENVIRONMENT
2
The claim being brought by the truck driver is a tort. A tort is the commission of a
breach to another where the injured party will sue the other for the damages suffered. In the
case, the truck driver was involved in an accident where he sustained injuries as a result of a
defective steering wheel. In the Law of Torts, a proximate cause will describe the direct cause
which to lead to injuries or the damages being suffered by the plaintiff. The case provides
that the company which made the defective steering wheel was negligent and the action may
be deemed as reckless (Green, 1949).
According to the case facts which have been presented in the case study, liability will
fall on the maker of the steering wheel since the defective wheel resulted in an injury after the
accident. For the truck driver to win the suit against the company, he has to prove that his
injuries were as a result of the defective wheel and not the accident itself. Also, he also has to
prove that the defendant's actions led to the injuries which he is suffering from after the
accident (Kelley, 2001). The truck driver has to show that the company's conduct during the
making of the steering wheel was negligent since they had a duty to provide or build nondefective steering wheels. The proximate cause has been met given that what led to the injury
was the accident which happened when the driver crashed into guardrail given that the broken
arm as an injury was a foreseeable injury (Gregory, 1938).
The case provides some controversy since it doesn't present facts on whether the
driver was negligent or reckless for him to crash into a guardrail. The establishment of the
proximate cause in a case may lead to the liability shifting from the defendant to the plaintiff
or vice versa. The plaintiff has to provide that the accident was the direct cause which led to
the plaintiff suffering from injuries which were incurred when the defective steering wheel
broke his arm.
THE LEGAL ENVIRONMENT
3
For the establishment of proximate cause, the defendant, in this case, will be held
accountable for his actions of providing a defective steering wheel since the harm incurred by
the plain...
