1. Negligence and Unintentional Torts

2. What is a Tort?
Damage to property or a personal injury caused by another person is a civil wrong called a tort
Tort Law holds persons, private organizations, and governments responsible for damages and injuries
Unintentional Torts – injuries that are the result of an accident or an action that was not intended to cause harm

3. Negligence The most common type of unintentional tort
Occurs when you Cause injury to someone in a situation where you should have known your actions could cause harm

4. Negligence - factors Stage 1 – Duty of Care
The obligation to avoid careless actions that could cause harm to one or more persons.
Neighbour principle
The legal responsibility to owe a duty of care not to harm one's neighbour by being careless or negligent
Your neighbour is anyone who you can reasonably foresee being injured by your actions
Foresee ability – being aware that your actions could cause injury to someone

5. Negligence – factors Stage 2 – Standard of Care
if a duty of care is owed to a “neighbour”, to what extent is that duty required?
What would a reasonable person do in a similar circumstances?
A reasonable person is considered to be an ordinary person of normal intelligence
Professional liability – specialised standard of care
People with specialised skills or training have a higher standard of care with respect to their field of expertise
A reasonable person with the same specialised training
Medical negligence
Patients much give voluntary , informed consent in normal circumstances before a doctor can perform any medical procedure or test

6. Negligence – factors Stage 2 – Standard of Care Children
Special status under the law
Children under the age of 6 are rarely found liable for their actions as they are believed to be too young to foresee the consequences
Children over the age of 6 – courts consider their age, intelligence, life experience and what another child of similar age and intelligence would have done under similar circumstances
Adult activities – i.e. driving a motor vehicle – child is responsible for the same standard of care as an adult

7. Negligence – factors Stage 2 – Standard of Care
Parental Responsibility
Parents are not automatically liable for their children’s actions
Can be held responsible if they fail to supervise or train their children
Certain provinces have laws that hold parents responsible for torts committed by their children
Parents may need to prove that they acted responsibly in order to not have to pay damages
Children can sue their parents if the parent acted irresponsibly

8. Negligence – factors Stage 2 – Standard of Care Rescuers
Good Samaritan laws generally hold the standard of care for rescuers to a lower standard than other situations
Person who was negligent in his/hers actions and caused the situation owes a duty of care to both the victim and the rescuer

9. Negligence – factors Stage 3 – Causation Cause-in-Fact Apportionment
“but for” test – i.e. the injury would not have occurred “but for” the defendant’s actions
Apportionment
The division of fault among wrongdoers
Remoteness of Damage
Harm that could not have been foreseen due to a lack of close connection between the wrong and the injury
Intervening act
An unforeseeable event that interrupts the chain of events started by the defendant.

10. Negligence – factors Stage 3 – Causation Thin-Skull rule
Defendant is liable for all damages caused by negligence despite any pre-existing conditions that make the plaintiff more prone to injury

11. Special Types of Liability
Product Liability
Manufacturers have to meet a higher standard of care in order to prevent injury to consumers of their products
Product must be free of harmful defects
Product is properly manufactured
Consumer must be properly informed about how to use the product safely
Consumer must be warned about the risks associated with using the product

12. Special Types of Liability
Occupiers’ Liability
People who own or occupy a property have a duty to maintain their property so that no one entering the premises is injured
Standard of care is dependent on the kind of visitor
Invitee (highest standard of care)
Person invited onto the premises for a business purpose
Licensee
Social visitor such as a friend
Often the first two categories are combined
Trespasser
No legal right to be on your property
Children who trespass are treated differently than adults (allurement)

13. Special Types of Liability
Hosts
People who serve alcohol to their guests
Commercial hosts have a statutory duty of care to their patrons and anyone who may be injured by their patrons’ negligent driving
Social hosts law is developing

14. Special Types of Liability
Vicarious Liability
Legal responsibility for the negligence of another person
Employer may be responsible for the actions of the employees
Automobile Negligence
Negligence as a result of the operation of a motor vehicle
Usually covered by liability insurance
Strict Liability
Defendant is automatically liable for any injury caused by a dangerous substance or activity
Animal control laws
Pollution

15. Defences to Negligence
Did not owe a duty of care
Met the standard of care
Your actions did not cause the injury/damage
Contributory Negligence
Plaintiff contributed to the injury by displaying unreasonable conduct
Voluntary Assumption of Risk
Plaintiff knowingly and willingly assumed the potential risks normally associated with the activity
May have to sign a waiver before being permitted to participate
Signing a waiver does not automatically exempt the defendant from liability

16. Defences to Negligence
Other Defences
Inevitable accident
Accident was unavoidable due to an uncontrollable event
Act of God
Accident caused buy an extraordinary, unexpected natural event
Explanation
Accident occurred for a valid reason even though the defendant took every precaution
Statute of Limitations
People must sue for damages within a reasonable time