Introduction
A tortuous offense is a civil offense that occurs due to negligence, accidents, and mistakes (Geistfeld, 2008). This is a branch of law that mostly results in civil litigation. Torts mainly deal with cases of accidents, defamation, and even crimes such as assault and laxity (Cihon & Castagnera, 2013). The paper will examine two hypothetical case studies with regard to tort litigation.
Case 1
The first case to be analyzed is that of Maggie Jones, who is a clerk at a local convenience store. It is evident that she, as well as her night shift colleagues, argued with their employer to put in place safety alarms in case of night robberies (Cihon & Castagnera, 2013). That night shift workers were concerned about their well-being as well as that of the business when they decided to ask the company to install alarms. However, the company ignored their requests and did not install them.
Subsequently, the convenience store was robbed with Ms. Jones inside. Without any sort of alarm to ask for help, Ms. Jones was left at the mercy of the robbers who put her through misery as they robbed the store. They extensively threatened the clerk to the extent that she now has to regularly seek the assistance of a psychologist to assist her to forget her emotional trauma (Cihon & Castagnera, 2013). Furthermore, due to her extensive emotional damages, Ms. Jones is unable to work for any convenience store.
The employer is liable for the damages caused to Ms. Jones under the negligence tort. Notably, Ms. Jones and her colleagues identified the potential risk of Night robbery while working during the night shift and notified the employer. However, the employer, for unknown reasons, decided to ignore their pleas to have alarms installed in case of such a tragedy (Edwards et al, 2012). In this case, the company, Ms. Jones’s employer, is liable for the misfortune and emotional distress suffered by the victim and should compensate her accordingly.
Case 2
Jane is a strict environmental and safety manager in her company. Because of this, when a reporting officer informed her of a plastic bag on the plant’s premises, she immediately called the fire department as a safety precaution (Cihon & Castagnera, 2013). Immediately, the fire department responded to her claim and arrived at the plant to carry out their normal rescue mission.
As a result, the fire department evacuated the plant in response to her claims. During this period, the incurred losses due to loss of production as well as loss of employee time. As a result, the CEO of the company was not happy and decided to demote her. The CEO understood that she meant well for the company, yet, she was demoted (Cihon & Castagnera, 2013).
In this case, Jane can argue that she carried out her work, and her demotion is retaliatory. Although she made a mistake, this is a tort of mistake because she took all the precautions as required, yet, a mistake happened and the company incurred losses. Therefore, she should not have been demoted because she acted in the line of duty for the betterment of the company (Elliott & Quinn, 2001). She should, therefore, be compensated for the damages incurred as a result of her demotion.
Conclusion
Conclusively, a tortuous offense is a civil offense that is due to negligence, accidents, and mistakes. In the first case, Ms. Jones’s employer is liable for the misfortune and emotional distress she suffered should compensate her accordingly. On the other hand, Jane should also be compensated for the damages incurred as a result of her demotion.
References
Edwards, L. L., Edwards, J. S., & Wells, P. K. (2012). Tort law (5th Ed.). Clifton Park, NY: Delmar Cengage Learning.
Elliott, C., & Quinn, F. (2001). Tort law (3rd. Ed.). Harlow: Longman.
Cihon, P. J., & Castagnera, J. (2013). Employment & labour law (Eighth Ed.). S.l.: South-western.
Geistfeld, M. (2008). Tort law. Austin: Wolters Kluwer Law & Business ;.