In this scenario, Sharon Evans is just an ordinary customer going about her business and aiming to get her utility from an oil change in her car. She agrees to change her tires, which was a valid thing to do for the tires were running thin. The spare tire was, however, attached in the wrong way that led to cost Sharon 25000 U.S Dollars. The primary issue is that of negligence, which acts as a tort. A tort is an activity acted out or omitted, other than that which is agreed upon, which might cause injury.
In such a case, there are four elements required from a plaintiff to validate the lawsuit. They include a duty, a breach, causation, and harm. Duty, in this case, is very applicable. It is an act to perform a duty or not perform something that will harm someone else. Duty is based on what a person considered to be reasonable would do at that particular time (Witting, 2018). A breach is another consideration. It is a failure to meet the standards that ensure safety and care. There is causation, in this case, actual cause.
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In this scenario, there might have been a breach of duty, where the technician could have made sure that the spare tire was fixed correctly by ensuring it was properly fit. There was an actual cause whereby, “but for” the technician fitting in the spare tire in the wrong way, Sharon would not have been hurt. There was, therefore, the harm that was caused in terms of pain, and money lost in treatment, and there should be compensation.
However, Sharon did not have all the elements for a negligence claim. It could have been that Sharon could not prove that there was indeed a breach of duty by the technician. Also, it is not clear that the defendant owed a duty that would ensure care to Sharon (Witting, 2018). Maybe the technician job was only to sell the tires and not replace or install them. It would be advisable for Sharon, ensure that it was indeed the responsibility of the technician to fix the tires safely for everyone.
References
Witting, C. (2018). 8. Defences to negligence. Law Trove . doi: 10.1093/he/9780198811169.003.0008
