The defendant in this mock trial is a large beverage company, the plaintiff is an up and coming star, one day this soon to be star is driving on the highway and cargo from this beverage truck falls on the highway causing the plaintiff to swerve and sustain permanent disfigurement to his face (he was not wearing a helmet). While in the hospital his mouth is wired so it can heal, the plaintiff decides to loosen the wires in his mouth, causing further injury to himself. What are possible trial strategies I could use if I was representing the defendants side?
2007-12-11 13:54:27 · 5 answers · asked by mommy soprano 1 in Politics & Government ➔ Law & Ethics
Well for 1 thing the guy should have been wearing a helmet, he would have suffered less injuries to his face. Where I live it's the law to wear a helmet at all times. He also shouldn't have been thinking as a reasonable person he should have avoided following so close if he knew the truck was carrying cargo. If he was driving at a distance from the truck, then he would have avoided the entire accident or at least he would have had more control of his motorcycle.
2007-12-11 14:13:49 · answer #1 · answered by 24Special 5 · 0⤊ 0⤋
contributory negligence because the plaintiff was partly at fault for aggravating his injuries....from the not wearing the helmet to tampering with his wires that caused further injury that the defendant did not.
2007-12-11 14:06:35 · answer #2 · answered by shadow26852 3 · 1⤊ 0⤋
The legal issue here, for both parties, is "prudence" - prudent behavior.
The beverage company has liability for the initial injury because it had the responsibility (prudence) to not let cargo fall off of its truck.
The injured person has the responsibility (prudence) to follow medical/treatment recommendations. When the patient did not follow those recommendations, the patient accepted the responsibility for the consequences of his/her actions (from that point forward in time).
So, in summary, it is prudent to prevent cargo from falling off a truck. Any damage/injury DIRECTLY resulting from such as fall is the responsibility of the company.
If a person is injured by another's action, the patient has the responsibility to be prudent and seek appropriate treatment and to follow the doctor's recommendations. If the patient chooses not to follow a prudent course of action (e.g. damaging themselves by modifying their treatment without the doctor's consent), then any damage that results from that choice is the patient's responsibility.
Lastly, regarding the helmet, it is PRUDENT to wear a helmet (and required by law in many states). By choosing not to wear a helmet, the injured person assumes some of the responsibility for his/her initial injuries.
Best wishes and good luck.
2007-12-11 14:12:53 · answer #3 · answered by Doctor J 7 · 2⤊ 2⤋
Possibly you could claim that the driver swerved to avoid another accident.But basically your out of luck.The driver is 100% responsible for anything that might fall from or come loose off of his truck.
2007-12-11 14:01:57 · answer #4 · answered by Anonymous · 0⤊ 1⤋
could you add details to what exactly the plaintiff is suing for, and for what reasons...then i can help more =]
2007-12-11 13:59:28 · answer #5 · answered by Anonymous · 0⤊ 0⤋