Law of tort?

Question

any idea on this 2 questions?
1. what must a plaintiff prove to succeed?
2. how court interpret the relationship between the employer and employee?

Answer 1

The plaintiff must prove four things.

1. There was a duty (e.g. - don't hit me with your car).

2. There was a breach of the duty (e.g. - you ran over me).

3. Damages (e.g. - my leg was broken).

4. Causation (e.g. - the wreck is what caused my injury).

State legislatures have gone all over the map on the employer/employee relationship. Basically, the employer has a duty to provide a safe work environment. If you are a beekeeper, your employer must make sure you have a bee suit so you don't get stung to death.