CJS 250 Week 8 Discussion Question Tort Laws
Research current changes in tort laws, specifically the concern over frivolous lawsuits.
Discuss how this impacts the security professional. Include references.
Participation I am not a fan of capping lawsuits because this provides a means for companies to limit their liability for wrongdoing. I think a better means of dealing with frivolous cases is to make plaintiffs pay for court costs if the cases are deemed frivolous. When we cap damages, we essentially cap the victim in all cases. This is not fair considering that a serious injury can cost millions of dollars across a lifetime. Participation An intentional tort refers to a defendant that intentionally acts with the knowledge and intent to harm. For this reason, intent must be shown in order to prove that the tort is intentional. In contrast to the intentional tort, a negligence tort does not need to show intent. According to (Cheeseman, 2010), Under the doctrine of unintentional tort, commonly referred to as negligence, a person is liable for harm that is the foreseeable consequence of his or her actions. Negligence is defined as Òthe omission to do something which a reasonable man would do, or doing something which a prudent and reasonable man would not do.Ó (Cheeseman, 2010) To be successful in a negligence lawsuit, the plaintiff must prove that the defendant owed a duty of care to the plaintiff, the defendant breached this duty of care, the plaintiff suffered injury, and the defendantÕs negligent act caused the plaintiffÕs injury. Bibliography Cheeseman, H. R. (2010). The Legal Environment of Business and Online Commerce: Business Ethics, E-Commerce, Regulatory, and International Issues (6th ed.). Upper Saddle River, NJ: Prentice Hall.