Law of negligence cases

by | Aug 8, 2021 | Assignment

Write a 7 pages paper on analysis of law of negligence cases. Protection is also made available against the acts or omissions of personnel whose duty is to safeguard others, by the law of negligence. Any violation of a duty of care to prevent predictable risk results in negligence. If a visitor to the workplace or an employee is injured by another employee, due to the work that the latter is performing, then vicarious liability is attributed to the employer for the harm caused. Furthermore, any violation, with respect to the standards of a profession constitutes professional negligence (Lewis, March 8, 2008). Considerable importance is attached to the legal principles of foreseeability and causation, in actions relating to negligence. The onus of establishing that the injury to the employee had resulted from the workplace environment. and that it was reasonable to expect that the employer could have anticipated that such injury would take place, vests with the claimant. It is essential to establish in such claims that the violation of duty by the employer resulted in or contributed to the injury. It is the clear responsibility of the employee to prove that his employer was accountable for the injury caused to him, in claims for negligence. For instance, in Lochgelly Iron & Coal Co. Ltd v. M’Mullan, the court opined that from the perspective of a stringent legal analysis, negligence entails a duty of care, its breach and the resulting injury to the employee to whom such duty was owed (Stranks, 2005. P. 158). It is the usual practice for employees injured at work to try to establish that their employer was at fault. To this end, recourse is invariably taken to establish either common-law negligence or violation of statutory duty. Over a period of time, the courts developed the common law of negligence. and this precept enjoins upon employers to take such realistic care in the workplace, as will preclude the occurrence of injuries to employees and visitors to that particular workplace (Lockie & Walker, 2000. P. 79). 

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