Tort Case Scenarios Bus415

Tort Cases

Scenario 1

In what could be the worst football game experience in eight-year-old Ruben’s life, there are several torts that a multitude of people could file. One lawsuit could be brought by Malik against Daniel, Ruben’s father, for battery. When Daniel shoved Malik, Malik fell and had his two front teeth knocked out. In court, Malik could prove that Daniel’s actions caused him to fall and hit his face on the cement step causing his injury. Another lawsuit could be brought by Daniel against Malik for assault when Malik approached Daniel and Ruben in the parking lot with a gun pointed at them. Even though the gun was not loaded, Daniel felt a “threat of immediate harm” (Cheeseman, p 95.) Daniel pulled out his own gun and shot Malik in self-defense.

In addition to the lawsuits that could be filed against both Malik and Daniel, the stadium could be liable for Daniel’s diabetic coma. As Daniel and his son were leaving the stadium, they ordered diet sodas, but the concessions clerk was distracted and poured regular sugary sodas. In this case, if Daniel survives his coma, he would have to prove that the stadium employee’s negligence caused his life-threatening medical condition. The stadium would be liable because of their employee’s actions. The employee could also be named in the suit because his negligence was the cause of Daniel’s coma.

Daniel would also have a case for wrongful termination against his employer for being fired while waiting for his diet sodas. His boss erroneously accused him of allowing his son to drink beer based on the accusations of a bystander who reported smelling beer on the Daniel’s son. Daniel could also file suit against the bystander for slander because she defamed him with false accusations in front of his boss. Daniel’s boss fired him because he did not want someone who would give a child alcohol to work for him. Had she not accused Daniel of furnishing alcohol to his underage son, Daniel would not...