Ricardo Negligence Case Summary

Negligence is defined as the failure of a person to use reasonable care that may result in the harm of another person. In the case involving Paula and Ricardo negligence can be seen. The person responsible for negligence in this situation is Ricardo and Dean. As an employee Ricardo is expected to follow the rules and procedures associated with his job. As a person working with harmful chemicals, Ricardo is expected wear the proper safety equipment to prevent harm to himself. Due to his failure to wear the proper safety equipment he became delirious and proceeded to strike the nurse, Paula, while being treated. On the other hand Dean is also negligent because he allowed Ricardo to remove the paint even though he knew Ricardo does not always use the

Duty is the responsibility to do or not do something conforming to a specific standard. The duty in this situation is to enforce the rules and wear the proper equipment. Dean failed to make sure Ricardo was wearing his safety equipment when removing the paint from the tank because he did not enforce the rules Ricardo did not wear the equipment like he was supposed to, and became delirious. A breach of duty occurs when a person does not live up to a certain standard. Ricardo breached his duty when he worked on the tank without the proper equipment. Dean breached his duty when he failed to ensure his employees were using the proper equipment. The next element of Prim Facie is causation. The reason Paula was struck was because Ricardo was delirious. The only reason Ricardo was delirious was because he chose not wear the proper equipment and became incoherent. The final element of Prima Facie is damages. Paula’s damages include any injury sustained by the strike and any medical bills she must pay. Looking at all the elements associated with Prima Facie it clear that both Dean and Ricardo were