Tort Law Case Argumentative

            Allow me to describe Tort Law by utilizing an example. Let me briefly introduce you to landscaping and tree trimming businesses to show what Tort Law is, as well as, present the risks of Tort and Criminal Liability.

            Landscaping is technically defined as “gardening on a large or small scale and is practiced commercially by a landscaper” (Wikipedia, 2007).

            Tree-trimming, on the other hand, is “partly cutting of trees for certain environmental and other essential purposes” (Wikipedia, 2007).

Landscaping and Tree-trimming businesses may do a lot of good things for people and for the environment (Homeowner.., n.d.). For instance a) a well-designed landscaping averts erosion and safeguards the foundation of our house, b) appropriate installation of landscaping and first-rate preservation of drainage preclude severe problems like wet basements, fissures in foundation walls, and floor slab movement caused by water that infiltrated through the backfill area to the lower areas of the foundation, c) tree-trimming thwart hazards brought about by the encroachment of vegetation on facilities (Foley, 2003), and d) tree trimming tidy up trees and limbs that threaten the consistency of  electricity/power lines (Neighborhood.., 2005).

However, the aforementioned businesses run the risks of tort and criminal liabilities. First of all (Homeowner.., n.d.), the Environment Protection Agency of the United States Federal Government, which protects and stop environmental problems has imposed extremely strict laws concerning erosion (Homeowner.., n.d.). Thus, when erosion occurs, not only will the company face strict laws concerning that of erosion, the company may also be charged with Strict Liability Torts (Homeowner.., n.d.). Here in the Strict Liability Torts the plaintiff may recover by showing only that they suffered an injury, which caused them damages, and that the defendant was responsible for causing the injury (Wikipedia, 2007). According to the law the consequences, for example, the medical expenses incurred due to injury or death can be made good by payment of damages (Wikipedia, 2007).

Second, a tree-trimming company may face charges of property torts technically defined as “premeditated or intended interference with the property rights of the plaintiff” (Wikipedia, 2007). Here the plaintiff may file for property torts, specifically Trespass to land if, for instance, the utility failed to make a reasonable attempt to notify the affected tree and/or property owner/s affected by vegetation management, prior to performing vegetation management activities which will affect the aforesaid property (Foley, 2003). Trespass to land is a common law tort is violated when a person purposely enters the land of another (Encarta, 2007).  Here  the plaintiff may recover nominal damages if there is no actual harm done but may also receive a court order that requires somebody involved in a legal action to do something or refrain from doing something or what is technically referred to as injunction against continuing trespasses (Wikipedia, 2007). In addition, it should be proven that the tort-feasor, whether or not he is aware that he has entered the property of a particular person, had intended to go to a specific location for trespass to land to be actionable (Wikipedia, 2007).

Third, negligence may also be filed against a landscaping company if, for instance, part of the ground is left un-landscaped and then it eventually erodes and somebody is hurt (Wikipedia, 2007). A negligence lawsuit, however, includes a few primary elements that needed to be considered before the success of the case can be determined (Wikipedia, 2007) These are: a) duty – the legal prerequisite that the individual being sued for negligence must stick to a standard of conduct in protecting other people from perverse risk of harm, b) breach of duty – which involves asking the question, “Would a reasonable person in a similar situation have done the same thing as the person being sued?”, c) causation – asks the questions, “Was the defendant the actual cause of injuries sustained by the person initiating the lawsuit?” and “Are the injuries sustained foreseeable or too remotely connected to the incident to even consider?”,  d) damage – physical and/or economic suffering that the plaintiff went through from the negligent act, e) remoteness – wherein only reasonable and foreseeable damage may be recovered and f) defenses – wherein if elements a, b, c, d and e were not met, the plaintiff’s award of damages will be lessened to the extent of the partial defense (Wikipedia, 2007).  Here the plaintiff’s award of damages consist of a) the losses suffered from the beginning of the tort until the trial date and which can be precisely given in terms of money, and b) the losses that cannot be quantified exactly in monetary terms for instance, the actual emotion, feeling, suffering etc and loss of amenity which resulted from the negligent act, as well as, expected future losses from the trial date such as that of loss of earnings (Wikipedia, 2007).

            Fourth, a tree-trimming company may be sued for acts that get in the way with use and gratification or satisfaction of land or that which is referred to as “tort of nuisance” (Wikipedia, 2007). Nuisance is a common law tort, which holds that people in possession of real property are have the right to enjoy the quietness of their land (Wikipedia, 2007). If someone intervenes with the aforementioned quiet enjoyment by noise pollution, for example, as brought about by the tools used for trimming, for instance, an electronic saw, the affected party may make a claim in nuisance, which under the common law is only resolved with the compensation of damages (Wikipedia, 2007).

            Landscaping and Tree-trimming businesses may be of great significance to people and to their surroundings but they run the risk of a number of tort and criminal liabilities like that of strict liability torts, trespass to land, negligence and nuisance, as well (Wikipedia, 2007).

References

Encarta Encyclopedia. (2007). Trespass to Land.  Retrieved April 28, 2007 from

http://www.encarta.com.

Homeowner Use and Maintenance Guidelines. (n.d.). Retrieved April 28, 2007 from

http://www.eastsidebuilderservices.com.

Foley, Pauline. (2003). New Jersey Board of Public Utilities’ Straw Proposal for

Regulations on Vegetation Management (Tree Trimming) Standards. Retrieved

April 28, 2007 from http://www.bpu.state.nj.us.

Neighborhood Tree Trimming. (2005). Retrieved April 28, 2007 from

http://www.psoklahoma.com.

Wikipedia. (2007). Landscape. Retrieved April 28, 2007 from http://www.wikipedia.org.

Wikipedia. (2007). Negligence. Retrieved April 28, 2007 from

http://www.wikipedia.org.

Wikipedia. (2007). Tort. Retrieved April 28, 2007 from http://www.wikipedia.org.