Presentation on theme: "DutyCausation DamagesBreach of Duty Elements of Negligence."— Presentation transcript:
DutyCausation DamagesBreach of Duty Elements of Negligence
Everyone has a general standard which they are held to when caring toward other people and their property. Duty A special situation where duty is required is in the case of a landlord, which is responsible for everything that happens in the house they are renting out.
Failure to satisfy ethnical, legal, or moral obligation, specially where someone has a corresponding right to demand the satisfaction.
Exposure or vulnerability to harm or risk. Careful forethought to avoid danger or harm.
Causation Specific act that must have resulted in injury to another.
Proximate Cause Limits the scope of liability to those injuries that bear some reasonable relationship to the risk created by the defendant. Evaluated in terms of Forsee Ability If the defendant should have foreseen the tortious injury, he or she will be held liable for the resulting loss.
Legal doctrine used in both tort law and criminal law that holds an individual liable for all consequences resulting from his or her activities leading to an injury to another person, even if the victim suffers an unusually high level of damage
Responsibility for injury or death lies in the person or entity that created the dangerous situation and not on the rescuer.
creates a presumption that a defendant acted negligently simply because a harmful accident occurred
a defense in the law of torts, which bars a plaintiff from recovery against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity in which he was participating at the time of his injury.