Special Duty Exception Research Essay

In light of this, the public duty method

views a person’s injury as the responsibility of a government organization, is immune. However, in order for this to occur, there must be factors that show that the plaintiff and the government institution have a unique connection. According to Abramow (2012), under normal conditions, a person cannot hold a government agency liable for injuries when that agency’s responsibilities are shared by the general public. For instance, it is challenging for someone to sue the authorities for negligence when a burglar enters their home. The police are supposed to ensure public safety, and they cannot be held responsible for criminal experiences among individual persons. However, in the case of the special duty exception, a person can sue the government in case of any injury. One of the instances where special duty exception is applicable is when the police arrest a person. Under this circumstances, the security of this suspect lies with the government, and in the case of anybody injuries the government is liable. In this case, the suspect has a special relationship with the government since the government needs him or her for a particular judiciary process.

Considerably, such immunity is recommendable

in reducing cases of intimidation whenever there is a conflict of interest between government institutions and the person in question. Roberts (2014) indicates that the government representatives are powerful since they have the power to influence the enactment or the application of particular policies. Therefore, in ensuring the safety of a person from the power of government institutions, the special exception duty is significant. However, the presence of the special exception duty addresses the public concern towards insensitivity by the government. It is appalling that when government agencies are involved, service delivery is heightened.

Workers’ Compensation System

Workers’ compensation systems are one of the policies that various organizations have embraced as part of their employment policies. Considerably, labor laws have made it almost mandatory for employers to have policies that cater for employees’ welfare in case of injury. Considerably, Lippel (2012) reveals that in the absence of compensation mechanisms, a worker endures difficulties in paying hospital bills and sustaining his or her basic needs. In the case of lack of a compensation program, the employer can voluntarily act as guarantor for credit facilities towards the injured worker; however, this is not universal as it is dependent on the employer. Another method that workers use to sustain themselves when they are injured is through utilizing their insurance policies. Certain workers have got insurance covers that address such cases; in some cases, it could be a personal initiative or the employer’s efforts. However, when there is no arrangement, and the worker feels that the organizational situations caused his injuries, the employee could seek legal redress so as to be compensated by the employer.

However, with the current legal changes that have targeted the labor industry

compensation schemes have become common among various employers. Under this arrangement, the worker is entitled to financial benefits that will cater for his or her medical bills and maintenance (Moore & Viscusi, 2014). Importantly, under this arrangement, the employee is assured of his position in case the injury did not render him or her completely dysfunctional. In case, the injury is severe; the employee will be given a certain amount of money that is calculated using the retirement age or the years that had remained in the contract before the occurrence of the injury.

References

Abramow, J. A. (2012). Ct. Cl. Act §8: In the Absence of a Special Relationship Imposing a Duty of Care Upon the Municipality to a Particular Plaintiff, the Municipality Remains Immune from Tort Liability. St. John’s Law Review, 58(1), 10.

Lippel, K. (2012). Preserving workers’ dignity in workers’ compensation systems: An international perspective. American Journal of Industrial Medicine, 55(6), 519-536.

Moore, M. J., & Viscusi, W. K. (2014). Compensation mechanisms for job risks: wages, Workers’ Compensation, and product liability. Princeton University Press.

Roberts, A. P. (2014). Recent Development: Blackburn Ltd. P’ship v. Paul: If a Trespasser is a Member of a Specific Class Protected by an Ordinance or Statute, Property Owners Owe a Duty of Care Despite Common Law Rule that no Such Duty is Owed. In University of Baltimore Law Forum (Vol. 45, No. 1, p. 6).