Business Law Case Study
The Cordases have to prove that negligence did take place and result in the injury of Mrs. Cordas and her two children. This burden of proof can be achieved if they can establish four elements of negligence. These elements are the duty of care, breach of the duty of care, causation and damages (Dorfman, 2016). Negligence is defined in law as the failure of acting in a manner that a reasonable person would do. It is also doing an act that a reasonable person would not do in a similar context, which results in property damage, bodily injury or death or self or others.
In this case, the driver of the cab has the duty of care to his passengers, himself and other users of the road. The driver is supposed to ensure that the clients and other users of the road inclusive of other motorists and pedestrians are safe (Egan, 2016). On the first element of the negligence claim, the Cordases are right. They can have this proved easily. The cab driver had the duty to be a reasonable person while driving and have the proper skills required even in the event of an emergency.
The Cordases need to prove that the driver of the cab breached the duty of care, thereby making him liable for their injuries. The circumstance at hand has to be considered before it concluding whether the driver breached his duty of care. First of all, the driver was in personal danger, caused by the thug that had a gun to his head. This is a situation that he could not have foreseen. Even when training to become a driver, such a scenario is not anticipated. As such, the driver could not be expected to respond in a reasonable manner. One of the unreasonable actions that the driver would have done would be to speed the car down the road, but he instead braked abruptly and escaped (Egan, 2016). It is within the right of the driver to try and save himself from a risky situation. Therefore, the driver did not breach his duty of care to the Cordases.
As there was no breach of duty on the part of the cab driver, there is no legal causation of the harm experienced by the Cordases that can be linked to the actions of the driver. The driver is not legally liable for the injuries that were sustained by the Cordases. Even though it was the act of exiting the car that caused resulted in the injuries, the driver did not have the time to make a judgement regarding the possible outcomes of his decision. The final element of negligence is damages. In this particular case, the damages included the injury that was suffered by the plaintiffs, the cost of hospitalization and the income lost as a result of not going to work because of the accident. If the driver were liable, he would have to compensate the plaintiff for the damages suffered.
In conclusion, the driver had a duty of care to the plaintiffs of driving the cab in a manner that would not endanger the safety of the plaintiff. There was no breach of the duty of care, as the driver was in an unprecedented personal danger and had no time to deliberate on the possible consequences of his actions. Therefore, the cab driver was not negligent.
Dorfman, A. (2016). Negligence And Accommodation. Legal Theory, 22(2), 77-123.
Egan, T. (2016). Negligence – crosswalk – intersection. Massachusetts Lawyers Weekly,