Week 4 assignment Essay Example | Topics and Well Written Essays - 500 words

Week 4 assignment - Essay Example The young man who slipped was actually carrying a package that fell and causes some fireworks that seemed to have hurt Plaintiff. The package fell on the Platform where Plaintiff was standing and was actually estimated to have been fifteen inches of feet. It was due to the injuries caused by the package explosion that Plaintiff decided to sue or file a case. History: When the case was presented on the trial court, Plaintiff was actually found for by the court and the defendants were forced to appeal making the judgment to be affirmed by the appellate court. Ruling/ Analysis: Negligence in a real life situation is believed not to be a tort until it leads to a wrongful act that tend to deprive or violate one of his or her rights (Furgeson et.al, 2008). It is therefore right to show the possibilities of the obvious danger if harm was not willfully done. Since Plaintiff’s harm did not happen willfully as per the defendant’s part, it was therefore right to prove that package drop, had the obvious prospect of danger(Furgeson et.al, 2008). Being that the package was wrapped and there was no more evidence to prove that it had explosives, no negligence was thrown away. Negligence was not found and railroad had nothing to do with Plaintiff’s injuries. Judge Andrew actually opposed and started defining negligence. In his statement, he said that negligence is a comparative notion and everybody is to stay away from an act or substance that can intrude or interfere with the safety of others(Furgeson et.al, 2008). Summary: Actually, nothing was found in the situation to imply as the wrapped package could have dropped for anybody as this means that no one could have evaded such a situation. Plaintiff’s injury was caused by the explosion and this act was invisible as no one was aware of the incidence. This is one of the reasons as to why Judge Andrew reversed the