Presentation on theme: "Negligence The Unintentional Tort (The most common civil action) Negligence."— Presentation transcript:
Negligence The Unintentional Tort (The most common civil action) Negligence
Intent Versus Carelessness ”I didn’t mean to do that!”
A. when somebody does not exercise the amount of care that a reasonably careful person would use under the circumstances; or when somebody does something that a reasonably careful person would not do under the circumstances II. Negligence
B. 4 Required Elements 1.Duty - defendant owed a duty of care to the plaintiff 2. Breach of duty– The Defendant’s conduct breached or violated the duty 3. Cause – defendant’s conduct caused the plaintiff’s harm. 4. Damages – The plaintiff suffered actual injuries or losses
What do you need to prove Negligence? 1. Duty 1. Duty 2. Breach of Duty 2. Breach of Duty 3. Causation 3. Causation 4. Damages 4. Damages
Negligence: DUTY defendant owed a duty of care to the plaintiff
NegligenceDUTY Examples of Duties for a school: Proper Instruction Access to Medical Care Safe Facilities Appropriate Supervision Avoid mismatched opponents Teach safety procedures
NegligenceDUTY ? Can a duty be transferred to someone else?
NegligenceDUTY ? No. If you owe a duty, that duty may belong to someone else too, but it will always belong to you.
NegligenceDUTY ? Example: The facilities are dangerous. A store has a duty to provide safe facilities. If customers shop in dangerous facilities and someone is hurt - the store may be liable for negligence.
NegligenceDUTY ? The corporation may also owe a duty to provide safe facilities. So if your store is a dangerous facility and someone is hurt thereby, they may be liable for negligence.
4 Required Elements Negligence Duty Breach Cause Harm
Negligence Breach = Failure to meet the standard of Care BREACH
Negligence BREACH How is the standard of care determined? How good do I have to be?
Negligence BREACH The standard changes based On things such as: Participant’s age, preparation Dangerousness of activity, etc. How good do I have to be?
Negligence BREACH How is the standard determined? Expert testimony Professional standards Reasonable, careful and up to date information
Negligence BREACH How is the standard determined? What would the Prudent, reasonable, Up-to-date store have done?
Negligence BREACH Prudent, reasonable, Up-to-date _ _ _ _ _ The standard is set by the the role of the defendant Store, manager, corporation
Negligence BREACH If a store follows Up to date guidelines, are they safe from negligence claims? ?
Negligence BREACH Not necessarily. It must still act as would a reasonable, prudent, up-to-date _ _ _ _ _ _ _ would. If the guidelines are bad, following them may be bad. ? Store or corporation
4 Required Elements Negligence Cause Duty Breach Cause Harm
Negligence Cause The breach must be the cause of the harm. Not all breaches cause harm.
Negligence Cause A customer is hurt because Of dangerous equipment. Are they negligent? ?
Negligence Cause If the dangerous facility was the CAUSE. Yes ?
4 Required Elements Negligence Harm Duty Breach Cause Harm
Negligence Harm In most jurisdictions, the harm must be physical. Solely psychological or emotional harm is generally not sufficient for a claim of negligence.
Negligence Harm The store breached a duty but the customer was only scared, not injured. Can the store be found negligent because the customer was scared? ?
Negligence Harm No. Physical harm must exist In order to find negligence. No Harm, No Foul ?
What 4 elements must be proven in a negligent tort and what are they? Talk about the answer in your groups in your groups