I: Is Batman liable for compensation to Bernard Stringfellow, Dean Johnson for their injuries?
R: Negligence and Unintentional Torts
A: under the common law in Ireland, you are deemed negligent if you unintentionally cause injury to someone or and other in a situation where you should have known your action could cause serious harm or injury.
In order for a defendant to be found negligent, the plaintiff must prove three factors.
First, the plaintiff must prove that the defendant owed the plaintiff a duty of care. A duty of care is the obligation to avoid careless actions that could cause harm to one or more persons. Second, the plaintiff must prove that the defendant failed to provide the proper standard of care that a reasonable person would have provided in a similar situation. The standard of care is a way of measuring how much care one person’s owes another. Third, the plaintiff must prove that the actions of the defendant were the cause of the plaintiff’s injuries. Determining the cause, known as cause-in-fact, is often done by applying the “but for” test. An injury would not have happened “but for” the defendant’s actions.
Applying this to Batman, because he is a superhero who job is to uphold the law and apprehend criminals such as Dean Johnson he have a duty of care to bring in Dean Johnson safely into police custody. Bernard Stringfellow was a bystander passing outside the building at the time of the robbery, is also owed a duty of care by Batman as a superhero he must protect everyone in the city and must contained the robbery to a confined space as so the public will not be at risk of being caught in the crossfire. But because Batman threw Dean Johnson out of the window and never looked to see if anyone would be harm by his action, and applying the three rules for negligence both Dean Johnston and Bernard Stringfellow can seek damages against Batman as they can prove Batman took careless action when apprehending the criminal, failed to show another superhero would have done exactly as Batman did in that particular situation and lastly both plaintiffs can show that Batman`s actions was indeed the cause of their respective injuries.
C: In regarding all available evidence, Batman is found to be liable for compensation to Bernard Stringfellow, Dean Johnson for their injuries as Batman`s actions was both reckless and if it wasn’t properly contained to an isolated area a lot more civilians would have been art risk of being injured.
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