TORT OF NEGLIGENCE

The Tort of Negligence
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The Tort of Negligence
In the case of Nalwa v Cedar Fair, the most appropriate defense strategy that the defendant that is Cedar Fair could use is the comparative negligence strategy. This is where the plaintiff’s (Nalwa) recovery is reduced to the degree to which she is at fault in causing the said injuries. “The specific comparative negligence strategy is the pure strategy in which Nalwa will only be compensated for the damages that the defendant (Cedar Fair) is responsible for,” (Nalwa v. Cedar Fair, 2012).
“Feeling a need to brace herself, plaintiff put her hand on the car’s “dashboard.” According to the plaintiff’s son, “something like cracked” and plaintiff cried out, “Oh.” Plaintiff’s wrist was fractured” (Nalwa v. Cedar Fair, 2012). Nalwa intentionally placed her hand on the car’s dashboard. This defense strategy should be successful because the defense can easily prove to the court that Nalwa was partly to blame for the injury she sustained because she decided to place her hand on the car’s dashboard in the first place. Had she not done this her hand would not have been fractured, and this case would not be before the court.
The potential product liability issue that can be identified in this case is the faulty operation system of the bumper rides. This system was faulty because it allowed the bumper rides to move in different directions and this is what brought about the collision. Had …