1. Copyright © 2004 by Prentice-Hall. All rights reserved. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Chapter 5 Negligence Chapter 5 Negligence

2. 4 - 2 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 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.

3. 4 - 3 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Unintentional Torts (Negligence) (continued) Negligence –Negligence is the omission to do something which a reasonable man would do, or something which a prudent and reasonable man would not do.

4. 4 - 4 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Unintentional Torts (Negligence) (continued) To be successful in a negligence lawsuit, the plaintiff must prove that: 1. The defendant owed a duty of care to the plaintiff 2. The defendant breached the duty of care 3. The plaintiff suffered injury 4. The defendant’s negligent act caused the plaintiff’s injury

5. 4 - 5 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Unintentional Torts (Negligence) (continued) Duty of Care –the obligation we all each other not to cause any unreasonable harm or risk of harm. –The courts apply a reasonable person standard. –Defendants with a particular expertise or competence are measured against a reasonable professional standard.

6. 4 - 6 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Unintentional Torts (Negligence) (continued) Breach of Duty – a failure to exercise care or to act as a reasonable person would act.

7. 4 - 7 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Unintentional Torts (Negligence) (continued) Causation – a person who commits a negligent act is not liable unless his or her act was the cause of the plaintiff’s injuries. – Causation in Fact (actual cause) – Proximate Cause (legal cause)

8. 4 - 8 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Unintentional Torts (Negligence) (continued) Injury to Plaintiff –the plaintiff must suffer personal injury or damage to his or her property to recover monetary damages for the defendant’s negligence.

9. 4 - 9 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Unintentional Torts (Negligence) (continued) Actual Cause –Defendant’s negligent act must be causation in fact –The actual cause of negligence. –Must have cause-and effect relationship

10. 4 - 10 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Special Negligence Doctrines (continued) Proximate Cause –Under the law, a negligent party is not necessarily liable for all damages set in motion by his or her negligent act. –The law establishes a point along the damage chain after which the negligent party is no longer legally responsible for the consequences of his or her actions. –General test is forseeability

11. 4 - 11 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Special Negligence Doctrines (continued) Professional Malpractice –The liability of a professional who breaches his or her duty of ordinary care. –Reasonable professional standard Medical malpractice Legal malpractice Accounting malpractice

12. 4 - 12 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Special Negligence Doctrines (continued) Negligent Infliction of Emotional Distress –A tort that permits a person to recover for emotional distress caused by the defendant’s negligent conduct. –Some states require physical manifestation

13. 4 - 13 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Special Negligence Doctrines (continued) Negligence Per Se Res Ipsa Loquitur Good Samaritan Laws Dram Shop Acts Guest Statutes Fireman’s Rule Negligence Per Se Res Ipsa Loquitur Good Samaritan Laws Dram Shop Acts Guest Statutes Fireman’s Rule “Danger Invites Rescue” Doctrine Social Host Liability Liability of Landowners Liability of Common Carriers and Innkeepers “Danger Invites Rescue” Doctrine Social Host Liability Liability of Landowners Liability of Common Carriers and Innkeepers

14. 4 - 14 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Special Negligence Doctrines (continued) Negligence Per Se –Violation of a statute that proximately causes an injury –Plaintiff must be within class intended to be protected –Statute enacted to prevent the type of injury suffered

15. 4 - 15 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Special Negligence Doctrines (continued) Res Ipsa Loquitur –“The thing speaks for itself” –Defendant had exclusive control of situation that caused plaintiff’s injury –Injury would not have ordinarily occurred but for someone’s negligence

16. 4 - 16 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Special Negligence Doctrines (continued) Good Samaritan Laws –Protects medical professionals that 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

17. 4 - 17 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Special Negligence Doctrines (continued) Dram Shop Acts –Taverns and bartenders can be held civilly liable for injuries caused to or by patrons who were served too much alcohol.

18. 4 - 18 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Special Negligence Doctrines (continued) Guest Statutes –Driver voluntarily gives ride to another –No compensation paid –Driver not held liable for injuries caused by driver’s ordinary negligence –Driver still liable for gross negligence

19. 4 - 19 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Special Negligence Doctrines (continued) Fireman’s Rule –Firefighters cannot sue negligent party for injuries incurred putting out fires –Applies to police and government workers –Specially trained to do their jobs –They have special medical and retirement programs paid for by public

20. 4 - 20 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Special Negligence Doctrines (continued) “Danger Invites Rescue” Doctrine –Persons who are injured going to the rescue of another can sue the person who caused the dangerous situation

21. 4 - 21 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Special Negligence Doctrines (continued) Social Host Liability –Social host liable for injuries caused by guests who are served alcohol at a social function –injure themselves or another due to intoxication

22. 4 - 22 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Special Negligence Doctrines (continued) Liability of Landowners –Duty of ordinary care owed to invitees and licensees Invitees on premises for mutual benefit of both parties with consent Licensee on premises for own benefit, but with consent –Duty not to willfully or wantonly injure trespassers Person has no invitation or right to be on property

23. 4 - 23 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Special Negligence Doctrines (continued) Liability of Common Carriers and Innkeepers –Duty of utmost care to passengers and guests

24. 4 - 24 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Superseding or Intervening Event Assumption of the Risk Contributory Negligence Comparative Negligence DEFENSES AGAINST NEGLIGENCE

25. 4 - 25 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Strict Liability Strict liability is liability without fault. A participant in a covered activity will be held liable for any injuries caused by the activity even if he or she was not negligent.

26. 4 - 26 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Strict Liability (continued) This doctrine holds that: 1. There are certain activities that can place the public at risk of injury even if reasonable care is taken; and 2. The public should have some means of compensation if such injury occurs.