Asked by Chris Mckibben on Jul 12, 2024
Verified
Mary was driving down the road when Sam came out from a side road, went through a stop sign, and struck the side of her car. Upon later examination of Mary's car, it was determined that the brakes were worn down beyond the point of safety. Sam sued her for negligence. Explain the likely result.
Negligence
The failure to take appropriate care in doing something, leading to damage or injury to another.
Worn Down Brakes
A condition of vehicle brakes where the brake pads or shoes have been used to the point of reduced effectiveness, posing safety risks.
Sue
The act of bringing a legal action against an individual, entity, or organization, seeking redress or enforcement of rights through a judicial process.
- Summarize the lawful criteria necessary to secure a victory in a negligence suit.
- Mastery of the concept of the "reasonable person" gauge in liability proceedings.
Verified Answer
KM
Katelyn MoncadaJul 18, 2024
Final Answer :
If Mary didn't notice Sam and didn't touch the brakes, then her poor brakes had absolutely nothing to do with the accident and did not cause it. It was Sam's negligence that caused the accident when he went through the stop sign. If, however, she did see Sam coming through the stop sign and was unable to stop because of her defective brakes, she at least contributed to the accident by her negligence.
Learning Objectives
- Summarize the lawful criteria necessary to secure a victory in a negligence suit.
- Mastery of the concept of the "reasonable person" gauge in liability proceedings.