Legal Analysis: Is Jim Liable for Joe's Injuries?

The Incident

Joe, Ricardo, Mike, and Jim are all playing basketball. During the game, Joe makes a shot while defended by Jim. Joe starts trash talking to Jim about his ex-wife, Tammy. Jim gets mad and throws the ball at Joe out of frustration. The ball hits Joe and due to a genetic abnormality, causes a serious injury to Joe. Joe ends up hospitalized for 4 months recovering from the injuries.

Is Jim Liable for Joe's Injuries?

Yes, Only if the genetic abnormality isn't an intervening cause.

Option D is correct.

Jim's intention was to hurt Joe. If Joe is hospitalized primarily due to injuries inflicted on him, Jim will be held responsible for the damage done to Joe.

Genetic Abnormality:

Genetic abnormalities are conditions caused by genetic or chromosomal changes. Inherited diseases are caused by genetic mutations. These include conditions such as cystic fibrosis, sickle cell disease, and Tay-Sachs disease.

Intervening Cause:

Intermediate cause is an event that occurs after the tortfeasor's first negligence and causes injury/damage to the victim. An intervening cause generally exempts the tortfeasor from liability for damages suffered by the victim only if the event is considered to be the overriding cause. The severing of the causal relationship between the original act and the harm to the victim is called "intervening cause".

Question:

The question is incomplete, missing options are given below:

A. No. Joe's injuries were not reasonably foreseeable

B. Yes. Because Jim intentionally threw the ball

C. No. Jim's throwing of the ball was not the proximate cause of Joe's injury

D. Yes. Only if the genetic abnormality isn't an intervening cause

Answer:

Jim is liable for Joe's injuries as his intention was to harm Joe. If Joe's hospitalization is primarily due to the injuries inflicted by Jim, Jim will be held responsible for the damage.

← Maria s modern sedan a greener choice for the environment The role of registered behavior technicians rbts in behavior intervention process →