Is Dick Liable For Bill's Death Essay

1. Dick struck Bill with his fist. Bill was drunk at the time. The blow caused Bill’s death, who would have not have died had he been sober at the time, according to the testimony of the medical examiner. Is Dick liable for Bill’s death? Explain.

Dick could be liable for Bill’s death regarding the criminal act that involves the law of causation. Causation is “cause-and-effect relationship between the act of the accused and the resulting harm,” in this case the harm Dick caused Bill with a hit to his head (Chamelin & Thomas, 2012, p. 36). Even though he may not have the intent to kill Bill, he still should have presumed that some sort of damage or consequence would happen for his actions. The law refers this as foreseeability, or the “personal

Herbert, an employee of Jazz Cola Company, while making deliveries to grocery stores, was listening to the truck’s radio set very loud with a heavy bass sound. He also had three beers when he stopped for lunch. During the afternoon shift, he ran a red light and crashed into a small car driven by Missy, a 17-year-old-girl. Missy had the green light but she was killed instantly by Herbert’s truck. Should Herbert’s supervisor or the company president be vicariously liable for Missy’s death?

Both Herbert’s supervisor and the company’s president should be held vicariously liable for Missy’s death. However, to answer why they would be liable the term vicarious liability must be defined for understanding. This form of liability is defined as “liability or accountability of one person for the act of another” (Chamelin & Thomas, 2012, p. 49). In this case, it is the lack of employer negligence and negligent supervision that would cause for both the supervisor and company president to be liable for this young girl’s death. The Jazz Cola Company president would be liable because of employer negligence. Meaning, when the company hired someone such as Herbert, who they know will be driving a company vehicle, the employer has a liability to use their due diligence to make sure the employee is a safe driver. Therefore, there should have been precautions taken, such as background checks on driving records and performing random drug

Both the company and the supervisor should have safety policies in place in a work place at all times as well as to make sure all drivers will comply to traffic laws and regulations. The supervisor should also make sure an employee, such as Herbert, is following proper lunch requirements and company policy. Therefore, if the supervisor and employer fail to check their own polices and make sure an employee is capable of doing their required job, then they are liable for negligence of that employee while still on the job, in this instance for Herbert causing the