Discussion on a Tort Case
Discussionon a Tort Case
Discussionon a Tort Case
Tort cases involve injuries that occur through civil wrongs. Thecivil wrongs occur due to unintended actions. The injuries involvetravel accidents, assaults, slipping, and wrongful death. The civillaws use torts as a means to compensate the suffering party. Tortcases do not involve prosecution to punish the wrongdoers. The paperwill discuss a recent tort case.
EmployerResponsible for a Driver’s Fatigue
Mr. Harrold was employed as a truck operator in Norwich Park Mine. On30 October 2008, he started his usual duty. He drove for fourconsecutive shifts. Each shift had a duration of 12 hours. He had todrive home, a distance of 430 km and it would take him five hours(Waugh, 2017). As he was heading home, 130 km from the job, hisvehicle collided with Armco rail. His vehicle was pushed to aconcrete wall of the bridge. Though Mr. Harrold escaped death, hesuffered a head injury where his brain was affected.
Mr. Harrold went to the Supreme Court and alleged that his employerwas responsible for the injuries. He claimed that the accidentoccurred because he was tired and fatigued. He had been left to workfor four consecutive shifts until in the morning when he was to drivehome. However, the employer denied the accusations and argued thatthe injuries occurred away from the workplace and out of workinghours. The employer further blamed Mr. Harrold that he was negligentand failed to take regular stops for rest on his way home.
The court accused the employer of allowing his employee to work forlong periods. Despite that, the collision was independent of his jobthe employer has the responsibility of taking care of their employee.Besides, he should educate their employees on the risks of injurieswhen at work, control shifts length, providing resting zones andoffer transport facilities. Hence, the employer had breached hisduties. The court ruled the employer to compensate Mr. Harrold with $1, 250, 000 (Waugh, 2017).
The employee could have found it as an unfair ruling. He would viewthe ruling as if favored Mr. Harrold. The fact that the accidentoccurred away from the workplace, he was not liable for theoccurrence. The company should take care of workers when they are inthe workplace carrying their duties. Any other accident that occursaway from the workplace, the employee should be fully responsible.Mr. Harrold could have requested for compensation from his lifeinsurance company.
However, the accident is directly linked with the previous order ofactivities at the workplace. Mr. Harrold was involved in a strenuousjob activity through working for four consecutive shifts withoutrest. It means he worked for 48 hours, which translate to two days,which is unhealthy to work for a long duration without rest. It leadsto fatigue which is a medical complication. Fatigue is a state ofweariness resulting from unrelenting exhaustion. It builds over timeand minimizes energy, lowers moods and reduces concentration. Itaffects the emotions and mental well-being. Hence, Mr. Harrold cannotbe blamed for the accident. It was justifiable to compensate him withthat lump sum of money.
In conclusion, torts laws are crucial as any other form of law. Itfinds justice without involving the court jurisdiction. Several casesarise concerning injuries in accidents and assaults. Despite that,the injuries occur unintended, it is important to compensate thecasualties. Compensation facilitates in recovery and as a token toshow hospitality to the casualties. In addition, use of tort lawshelps in minimizing injury cases that occur in our daily activities.Employers take the responsibility of providing the employee`swelfare.
Waugh J (2017).Employer liable for driver’s fatigue after working fourconsecutive night shifts.
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