The Plaintiff must suffer harm in order to sue for negligence. If he suffers no harm, he
Question:
The Plaintiff must suffer harm in order to sue for negligence. If he suffers no harm, he cannot sue.
4. Penguin is a parachuter. One day, while jumping from a plane, he suffers a bad fall and breaks his right leg. At the hospital, the doctor accidentally casts Penguin's left leg. The left leg remains in a cast for two months while the broken right leg goes untreated. Somehow, the broken right leg heals by itself and Penguin suffers no harm because of the doctor's mistake. Can Penguin sue the doctor for negligence?
a. Yes, Penguin can sue because the doctor was incompetent and didn't know what he was doing.
b. Because Penguin has not suffered any harm, he will not be able to sue the doctor for negligence.
Why?
Dynamic Business Law
ISBN: 9781260733976
6th Edition
Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs