Final answer:
Unintentional torts or negligence involve proving a duty of care, breach of that duty, causation, and damages. Liability may arise in healthcare or manufacturing when harm occurs due to ignored risks or flawed protocols. Governing bodies are tasked with ensuring safety standards are met.
Step-by-step explanation:
To establish a case for negligence, certain key elements must be proven. These elements are a legal duty owed by the defendant to the plaintiff, a breach of that duty, causation linking the breach to an injury, and damages resulting from the breach. In the realm of healthcare, for example, this could involve a situation where a provider failed to adhere to standard practices, leading to patient harm. Questions around liability arise, such as in cases where there are negative outcomes due to flawed protocols or faulty equipment.
In the example of a manufacturer knowingly selling cars with defective brakes leading to accidents, the manufacturer can be held liable due to their prior knowledge and the foreseeable risk posed by the product defects. Similarly, hospitals and health-care workers could be held liable for strictly following flawed procedures leading to patient harm. The government has a role in regulating and ensuring that medical procedures and equipment are safe for use.
It is important in such cases to examine the specific circumstances, the foreseeability of the harm, and whether the standard of care was met or breached.