Question

The Case: Dana is a taxi driver. She was requested to drive to school a little girl called Hanna. On the way, she received a call from her sister who asked Dana to share with her a contact number. While Hanna was busy on her phone, Dana went off the track and hit a wall right in front of the school. Hanna, who was on the back seat, was heavily injured. She had a broken arm and a broken leg and stayed at the hospital for one week. Hanna parents have paid USD 8,000 for her medical treatment. Few years later, Hanna wanted to join the University Basketball team. After reviewing her medical history, the coach of the team advised against accepting Hanna in the team because of her previous injuries. Hanna has explained that she had fully recovered from that, however the coach stated that he wanted the team members' to be injuries' free. Hanna's parents would like to sue Dana for reparation for the damages caused to their daughter and are asking you the following: a) Can they sue Dana for Hanna's physical injuries and the medical fees spent) based on the tort of negligence? Please explain your answer by applying the conditions of the tort of negligence (60 marks) b) Hanna's parents think that Hanna has lost the chance to join the basketball team because of the accident and that Dana should also repair for that damage. Can they sue Dana based on the tort of negligence for the loss of chance of joining the basketball team? Please explain your answer by applying the conditions of the tort of negligence (40 marks)

Answer 1

The four elements that are essential to the tort of negligence are-

1. Duty- To prove before the jury that the tortfeasor had a duty or obligation towards the plaintiff.
2. Breach- To prove that the tortfeasor failed to fulfill his duty of care as a result of which the plaintiff was exposed to harm.
3. Causation- To prove that the negligent act had led to a harmful consequence that otherwise could have been avoided. This is termed as the actual cause. Whereas, the second one is the proximate cause which results in a natural, direct, and uninterrupted consequence of the negligent act. If the consequence is too unusual and unforeseeable then it doesn't qualify to be the proximal cause of the plaintiff's harm.
4. Harm- It covers both the economic damages also known as special damages (e.g. medical bills, damage to property, and other quantifiable damages), non-economic damages also known as general damages (e.g. mental and emotional distress, harm to a family member and other non-quantifiable damages), punitive damages (actions rendered to cause intentional, malicious or violent harm in the eyes of the jury) and nominal damages (an otherwise negligent act that has caused little or no harm to the plaintiff).

The tortfeasor is supposed to pay monetary compensation to the plaintiff for all the damages that have been caused due to his act of negligence.

Answer a) Yes, the parents can sue Dana for Hanna's physical injuries (and the medical fees spent) based on the tort of negligence (as explained above). It is so because all the four elements have been proved i.e. Dana had an obligation to drive Hanna safely to her school. She failed to live up to that obligation, i.e. led to the breach of her duty. The consequence was such that Hanna had her leg and arm broken and stayed at the hospital for one week. Therefore, it is held as an act of negligence and the tortfeasor (Dana) is obliged to compensate for the damages that have been caused to Hanna as a result of this incident.

Answer b) Yes, the parents can sue Dana as they think her negligence has led to Hanna losing the chance of joining the basketball team. It is so because as per the tort of negligence any damage caused to the plaintiff (Hanna), be it economic or non-economic (or both) has to be compensated by the tortfeasor. In this case, Hanna not being able to join the basketball team can cause severe emotional and mental distress to her. The reason for this is the injury that have been caused to her due to Dana's negligence. Therefore, Dana is liable to compensate for it as well.