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Negligence and Strict Liability in Tort Law

Karis Garris Business Law 1 Professor Maureen Pomeroy 10.15.2023 Tort Law "From a French word meaning "wrong" ... a tort ... is a wrong or injury to another .... A civil wrong that gives the injured party the right to bring a lawsuit against the wrongdoer to recover compensations for injuries." (Kubasek 2021 et al., p. 195). Businesses can be severely wrecked or damaged in multiple ways just by bad business practices, negligence, or even recklessness. Sometimes they can be intentional causing irreversible financial, emotional, or physical catastrophes like financial suits, loss of business opportunities/partners/clients, or distress to any of these parties. Some other objectives of tort law are to maintain order and discourage private retaliation, deter future grievances (Intro Tort Law, et al.). Out of most of the types of tort law, negligent tort is the most relevant to this scenario. With the negligence in taking care of the specific types of animals how they need, a dangerous snake got loose and caused possible irreparable harm to Jasmine. Dave, the owner of "The Friendly Dawg" was careless and led to the detriment of Jasmine having anxiety, depression, and a heart attack. "When wild animals are involved, the keeper of the wild animal will be held strictly liable even if the animal is not known to be dangerous." (Justia, negligence theory, 2023, et al.) Lou, the landlord was also negligent in the fact Jasmine brought up her concerns and the situation was "trying" to be resolved without out taking serious action. "Strict liability is also imposed when somebody creates an abnormally dangerous condition ... " (Justia, et al,.) Snakes need specific temperatures, especially depending on breed. Dave had told Lou the animals were getting agitated; there may be more reason to plead the case of negligence. She has the right to a safe and secure space to rent. It was not secure, (the snake got in), and it was not safe, (she suffered mental and physical trauma). I believe Jasmine has a fair case for negligence against both parties, Dave, the owner of "The Friendly Dawg", and Lou, the landlord. Justia. (2018, April 25). What Is Strict Liability? | Justia. Justia.com. https://www.justia.com/injury/negligence-theory/strict-liability/ Kubasek, N., Browne, N., Dhooge, L., Herron, D., and Barkacs, L. Dynamic Business Law, McGraw Hill (2021).