HELP WITH ASSGN DUE IN 24 HOURS

Report

To: Winnie James, Ralph Anders

Date:

RE: Clean Negligence Risks and liabilities

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In this case, Jack has a negligence claim against Client A. It is clear that under vicarious liability, Client A is liable for negligence. Workers should always be provided with a quality and safe working environment. Client A is therefore responsible for the situation that exists in the workplace. Client A should consider all its worker's safety. This means Client A should have been proactive to identify all the risks and glitches which exist in the workplace which can cause injury to the workers. Operating in safety standards employees should be trained on how best to apply workplace safety habits. The liability is clear because Client A did not act to make sure the workplace environment is safe for all the employees. These actions make Client A liable for Jack’s injuries.

This can be also argued that Jack is liable for the injuries caused but the responsibility lies on Client A considering the principal agent relationship. The principal is Client A and the agent is the employee. The case holds the principle responsible for all the damages on behalf of Jack. This exposes the employee because Client A can take legal actions in the future against his negligence which ended up costing the principal.

Jack should be able to prove that it was the failure of Client A to establish required work practices that exposed him to the injuries and damages caused. Under the principle of negligence, Jack will successfully hold these claims against Client A. The court will then determine if an individual/common sense would act as the Client A employee or not. The court can conclude that an individual with common sense would not act the way Client’s A employee acted.

In this situation, Jack will be compensated for wages lost, hours lost due to injury, and other expenses like medical care.