B-Law and Humanities Disc ****PROFESSOR ANTHONY ONLY****

Negligence lawsuit is a lawsuit which is filed against a certain person or a legal party that has failed to apply caution and as a result has harmed a victim when providing services to him or her. Cases of negligence are usually brought forward against professionals such as therapists, attorneys and medical professionals. However, they can also be brought forward against any person if their actions show some level of negligence.

Salons are usually subject to strict regulations by the Department of Health and Human Services and if they fail to meet these regulations they are prone to facing lawsuits. The case of Jan can be said to be a case of negligence. Damage caused to Jan could have been as a result of insufficient or improper training or failure to follow the required treatment procedures or use of contaminated chemicals.

If Jan sues Sam for negligence, she will win. As an employer, Sam should ensure that the people who offer services to his customers are well qualified (Buckless, F.A., &Peace, R.L., 1993). In this case, since a third party is harmed, Sam is held liable due to physical harm caused to a third party as a result of the failure of his employee to exercise reasonable care. However, in order to win, Jan should prove beyond reasonable doubt that having her hair done by Tom is what caused her hair to turn green and fall off.

References

Buckless, F.A., &Peace, R.L. (1993). The influence of the source of professional standards on the juror decision making. Accounting Review, 164-175