1. Please take 30 seconds to register your free account to remove most ads, post topics, make friends, earn reward points at our store, and more!  

any law students here? anyone can help

Discussion in 'Off Topic [BG]' started by nboyer941, Apr 14, 2010.


  1. nboyer941

    nboyer941

    Jul 22, 2008
    Burnsville, MN
    Hey, I have a paper due for my business law class tomorrow.

    I have to write it about an article. http://calamities.gaeatimes.com/201...nal-paper-mill-explosion-in-mississippi-4193/

    The article is about two guys who were workers at a paper mill. One of the boilers exploded and injured two guys and they are suing the paper mill.....saying the mill did not exercise proper caution.

    My question is, what area of the law are they suing under?

    It is not tort law, because it is not an intentional wrongdoing.

    It is not labor/employment law.

    It must be some sort of liability civil law...but I can't figure out what.

    Any help?
     
  2. Marlat

    Marlat

    Sep 17, 2002
    London UK
    You would need to be a Mississippi lawyer to know and even then you would be guessing, but at the very least they would be brining a negligence action in tort law. You don't require intentional wrongdoing under tort law, just a failure to comply with the requisite duty of care. In this sort of situation the lawyer would look at all possible causes of action including tort, employment, stautory provisions etc and sue under all possible causes of action. However, for the purposes of a paper I would say its most likely tort.
     
  3. Febs

    Febs Supporting Member

    May 7, 2007
    Philadelphia, PA
    Tort law encompasses both intentional wrongdoing and negligence. Negligence has four elements: (1) a duty; (2) a breach of that duty; (3) causation (which can be broken down into both factual causation and proximate causation); and (4) injury.
     

Share This Page

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.