Negligence Tort Essay

810 Words4 Pages
In the article, a bus driver was involved in an accident involving a 12-year old schoolgirl. It was believed by Sgt. Harris that the schoolgirl had just gotten off the school bus when she was involved in a collision causing a serious leg injury. Clearly, the bus driver is at fault, and in my legal analysis I will prove that the bus driver should be sued for the unintentional tort of negligence. In order for the schoolgirl to receive compensation for negligence, I will need to prove three things: 1. The bus driver owed the schoolgirl a duty of care 2. The bus driver breached the required standard of care 3. The bus drivers conduct caused injury or damage to the schoolgirl A duty of care exists when the defendant could reasonably have foreseen a risk of harm to the plaintiff, the schoolgirl, due to his actions. In this case, the bus driver did owe a duty of care to the schoolgirl; he could have foreseen that carelessly starting the bus without looking for pedestrians could result in an accident, thus injuring whomever he hit. The school bus has a special relationship with the passengers, as it is his responsibility to transport passengers safely. However, the bus driver as an operator of a vehicle has a responsibility to drive safely and not injure pedestrian’s while driving. In this case, he met his required duty of care as a school bus driver as he transported the passengers safely, but he failed as an operator of a vehicle as he hit the schoolgirl after she got off the bus. More importantly, the bus driver could have foreseen that if he hit someone with the bus, he could seriously maim that person. The school bus driver also breached the required standard of care, which is defined by the level of care that a person must take in the circumstances. In this circumstance, the driver knew that children had just got off the bus and he must take

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