The elements of negligence include the duty of care which involves taking reasonable precaution to reduce harm. Breach of duty indicates that lack of reasonable precaution leads to the breach of the initial duty of care (Miller & Jentz, 2010). Factual causation involves proving that there has been negligence while the last element is the damages payable to the plaintiff.
Causation indicates the coexistence of causes and effects of the activity which are required to be proved in a court of law. It is necessary to prove causation as it indicates the relation between of the activity being claimed and its effects.
Strict liability indicates the liability of the guilt of the defendant with no prove required to relate different elements in the case. This differs from negligence as prove is required to indicate negligent but not in strict liability (Miller & Jentz, 2010).
The issue in this case involves whether TNT is liable for the injuries caused to Trelleborg during the transportation process of the pallets. The plaintiff requires proving the negligence of the company in offering her the unstable pallets.
The rule concerning negligence and duty of care expected from a company to its employees will be used in ruling this case. Proving a duty of care and that this duty was breached will assist her in winning this case.
The company is liable to cater for their employees, and their safety which should be considered before risky tasks are given. His duty was breached when the company gave the plaintiff the unstable pallets which are the cause of the accident. The accident led to the injuries of the plaintiff thus she is eligible for damages.
The defendant can use her statement of not taking any liability for any injuries caused using the transportation process and that she communicated this to the driver. This can be used as defense but is not sufficient thus the defendant will lose this case.
The plaintiff wins the case as it can be proven that a duty of care was breached by TNT thus should be repaid the damages.
Miller, R. L. R., & Jentz, G. A. (2010). Fundamentals of business law: Excerpted cases. Mason,
OH: South-Western Cengage Learning.