Essay: Mental Awareness

5 Jun

Essay: Mental Awareness

In the case of Lynch v. Fisher, it is of paramount importance to note that state of mind of the Mr. Gunter, which was caused by the accident, led to him injuring an innocent person. If the accident had not occurred, which was caused by negligence of the truck driver, and then Gunter would not have short the plaintiff. However, since the truck driver causes the accident, the plaintiff chose to sue the insurance company of the truck because the truck was the proximate cause of the accident (Surhone, Timpledon, & Marseken, 2010).

Comparing these circumstances to what happened in Palsgraf v. Long Island Railroad Co.; one notes that the proximate cause of the accident could not be related to the state of mind of the guard. The acts of the guard did not risk the life of the plaintiff because he did not know what the package contained. Although one should be liable for any thing that s/he does, it is worth noting that the guard in Palsgraf cannot be held liable for causing the injury that the plaintiff sustained because he did what he did to save the life of a man whom he thought was at risk (Larson, 2003).

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