Synopsis of Tort Case

Synopsis of Tort Cases

Tort laws are designed to protect individuals from wrongdoings committed by other parties. Under these laws injured parties can seek compensation to offset injuries they have received (Cheeseman, 2010). Below are two scenarios showing examples of torts, the elements of those torts, possible defenses against the tort, and how the tort may be resolved.

Scenario One

During the game one of the passes goes into the stands hitting a fan. At the conclusion of the play, the referee calls the pass incomplete, Malik, a fan in the stands spills his beer on Ruben. Daniel sees that Malik has spilled his beer on his son and becomes upset. Daniel stands up and shoves Malik, who falls and grabs onto the railing. Upon grabbing the railing it gives way under his weight. Malik hits his face and knocks out his front teeth. This series of actions offers two potential torts, one is the shove, fall, and subsequent injury, the second is the negligence on maintenance of the stadium railing. Daniel’s actions were intentional and could likely result in a civil lawsuit. Malik could file a lawsuit against Daniel for battery. Battery is a person harming another in an offensive manner resulting in an injury. In court Daniel may have a difficult time proving his innocence to a judge as Malik’s actions of spilling beer on Daniel’s son were accidental and not threatening. Malik may also wish to seek compensation from the stadium owners as a result of the faulty railing.

Later at the concession stand, Daniel’s boss fires him based on someone smelling beer on Ruben and saying Daniel was giving it to him. Daniel’s boss does not have proof of this and is reacting to here say. Daniel could fight this accusation because nobody saw Ruben drinking beer, and his explanation is reasonable. If this went to court Daniel could try to obtain his previous position by proving he did not give Ruben beer. If he loses his job and does not get it back he could sue the lady for...