{ chapter 10 torts: negligence and strict liability

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{ Chapter 10 TORTS: Negligence and Strict Liability

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Page 1: { Chapter 10 TORTS: Negligence and Strict Liability

{Chapter 10

TORTS: Negligence and Strict Liability

Page 2: { Chapter 10 TORTS: Negligence and Strict Liability

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Unintentional Torts & Negligence Unintentional Tort: A doctrine that says a

person is liable for harm that is the foreseeable consequence of his or her actions

Negligence: Omission to do something which a reasonable person would do, or doing something which a prudent and reasonable person would not do

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

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Elements of a Negligence Lawsuit

1. The defendant owed a duty of care to the plaintiff

2. The defendant breached the duty of care3. The plaintiff suffered injury

The defendant’s negligent act caused the plaintiff’s injury

The defendant’s negligent act was the proximate cause of the plaintiff’s injuries

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1. Duty of Care An obligation not to cause any

unreasonable harm or risk of harm

Tests used to determine whether a duty of care was owed: Reasonable person standard Reasonable professional standard

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2. Breach of Duty of Care Failure to exercise care or to act as a

reasonable person would act

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3. Injury to plaintiff Personal injury or damage to the plaintiff’s

property

Damages cannot be recovered if the plaintiff suffered no injury

Damages recoverable depend on the effect of the injury on the plaintiff’s life or profession

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Causation Causation in fact (actual cause): A person who

commits a negligent act is not liable unless actual cause can be proven

Proximate cause (legal cause): A point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions

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Special Negligence Doctrines1. Professional malpractice2. Negligent infliction of emotional distress3. Negligence per se4. Res ipsa loquitur5. Good Samaritan laws

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1. Professional malpractice The liability of a professional who

breaches his or her duty of ordinary care

Breach of reasonable professional standard

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2. Negligent infliction of emotional distress Permits a person to recover for emotional

distress caused by the defendant’s negligent conduct

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3. Negligence per se Violation of a statute that proximately

causes an injury

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4. Res ipsa loquitur Defendant had exclusive control of the

situation that caused the plaintiff’s injury

Injury would not have ordinarily occurred but for someone’s negligence

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5. Good Samaritan laws Protects medical professionals who stop and

render emergency first aid Relieves them from liability for ordinary negligence No relief for gross negligence or intentional or

reckless conduct

Laypersons not trained in CPR not covered If you don’t know how to do it – find someone who

can

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Defenses Against Negligence1. Superseding or intervening event

An event for which defendant is not responsible

2. Assumption of risk Plaintiff knowingly and voluntarily participates

in a risky activity that results in injury

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Defenses Against Negligence3. Contributory negligence

Plaintiff who is partly at fault for his or her own injuries cannot recover against negligent defendant

4. Comparative negligence Damages apportioned according to fault

Pure comparative negligence Partial comparative negligence (50% rule)

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Strict Liability Strict liability is liability without (regardless

of) fault

A participant in a covered activity will be held liable for any injuries caused by the activity, whether or not he or she was negligent

Abnormally dangerous activities

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