Presentation on theme: "What You’ll Learn How to define negligence (p. 88)"— Presentation transcript:
1What You’ll LearnHow to define negligence (p. 88)How to explain the elements of negligence (p. 88)How to define the major defenses to negligence (p. 91)How to define strict liability (p. 92)
2Section Outline Unintentional Torts Negligence (elements & defenses) Why It’s ImportantBecause any person is a potential victim and a perpetrator of negligence, understanding this vital area of tort law will help you protect yourself legally.Section OutlineUnintentional TortsNegligence (elements & defenses)Strict Liability
3Unintentional TortsA person can commit an unintentional tort, when he or she acts in a careless manner that results in an injury to a person, damage to property, or both.Negligence and strict liability are unintentional torts.
4Intentional and Unintentional Torts 4.2Intentional and Unintentional TortsTortsIntentional TortsUnintentional TortsWhen a person commits a wrong against another and knows and desires the consequences of his or her act.When acting in a careless manner causes damage or injury.ExamplesExamplesAssault and BatteryTrespassFalse imprisonmentNegligenceStrict liability
5Unintentional TortsNegligence is an accidental or unintentional tort resulting from the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances.Strict liability is the doctrine that states that people engaged in ultrahazardous activities will be held liable, regardless of how careful they were and regardless of their intent.
6Elements of Negligence Is an accidental or unintentional tort.Is the tort that most often occurs in society today.Elements of NegligenceDuty of careBreach of dutyProximate causeActual harm
7Duty of CareAll of us have a duty not to violate certain rights of others.The plaintiff must demonstrate that the defendant owed him or her duty of care.
8Example of Duty of CareJulia was injured while diving at a public pool. The injury could have been avoided if the diving board had a guardrail. Julia sued the state’s Department of Health.
9Example of Duty of CareThe court ruled the Department of Health had a duty to the state’s sanitary code, not a duty to inspect for safety problems. The Department of Health had no duty to Julia.
10Breach of DutyBreach of duty is the failure to use the degree of care that a reasonable person would exercise in that same situation.The words “reasonable person” must be used when instructing the jurors.
11Proximate CauseProximate cause is the legal connection between unreasonable conduct and the resulting harm.Without proximate cause, the result would not have occurred.
12Actual HarmThe essence of any tort suit is a violation of a duty that results in injury to the plaintiff.The plaintiff must have actually suffered physical injury, property damage, or financial loss.
13Defenses to Negligence Contributory Negligence Comparative negligenceAssumption of riskContributory NegligenceBehavior by the plaintiff that helps cause his or her injuries may be considered contributory negligence.
14Comparative Negligence The negligence of each party is compared under the doctrine of comparative negligence, and the amount of the plaintiff’s recovery is reduced by the percent of his or her negligence.
15Assumption of RiskIf the defendant can show the plaintiff knew of the risk involved and still took the chance of being injured, he or she may claim assumption of risk.
16Strict LiabilitySome activities are so dangerous that the law will apply neither the principles of negligence nor the rules of intentional torts to them.
17Strict LiabilityAccording to strict liability, if these activities injure someone or damage property, the people engaged in the activities will be held liable, regardless of how careful they were and regardless of their intent.
18Reviewing What You Learned What is negligence? Section 4.2 AssessmentReviewing What You LearnedWhat is negligence?What are the elements of negligence?What are the major defenses to negligence?What is strict liability?
19Reviewing What You Learned 1. Answer Section 4.2 AssessmentReviewing What You Learned1. AnswerAn accidental or unintentional tort resulting from the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances.2. AnswerDuty of care Breach of dutyProximate cause Actual harm
20Reviewing What You Learned 3. Answer Section 4.2 AssessmentReviewing What You Learned3. AnswerContributory negligenceComparative negligenceAssumption of risk4. AnswerThe doctrine that states that people engaged in ultrahazardous activities will be held liable, regardless of how careful they were and regardless of their intent.