There are 4 aspects of a Negligence tort, and various defenses or mitigating circumstances. It is important to understand the "Prima Facie" aspects in order to understand how/if an organization will be held liable for damages.

Scenario: Tommy Tortfeasor decided to go on a late night drive after having an alcoholic drink. He only had 1 drink over the past 2 hours (His BAC was well below the state level for intoxication at .3%). As he was carefully driving (although he was exceeding the speed limit by going 60mph in a 55mph area- based on analysis of skid marks), Violet pulled out of her driveway (and didn't see Tommy) right in front of her and he collided in the side of her car. Violet received extensive physical damage to her person and vehicle.

• Do you think Tommy should be liable to Violet on a personal level of morality?
• Do you think Tommy will be held liable to Violet based on law?
• Under what concept of law would someone consider Tommy potentially liable for Violet's damages? Walk through each the 4 elements of this reasoning and explain each to fit your concept of his liability (or non-liability) to Violet.