Negligence

Definition Negligence in an unintentional Tort This occurs when a person fails to use reasonable care and it causes harm to another person Negligence law is primarily concerned with compensating victims who are harmed by a wrongdoer’s action that violates or breaches a standard of “reasonable care”

THE ELEMENTS A.Duty - “Reasonable Person or Reasonable Professional” -The defendant, or wrongdoer, owes a duty of care to the plaintiff, or injured person -What is a “reasonable person?” -This is an expectation of how a community expects its members to act within reason.

THE ELEMENTS B. Breach of Duty – Lack of fulfilling their duty A breach is a violation of the expected duty that should have been provided.

THE ELEMENTS C. Causation – Once a breach is proven, the acts must be proven to cause harm – Cause in Fact – if the harm would not have occurred without the wrongful act, the act is the cause in fact – Proximate cause – there must be a close connection between the wrongful act and the harm caused – Foreseeable- Negligence law does not hold people responsible for harm that was unforeseeable. – Example: Arson

Example How would you expect a reasonable person to act at the crosswalk of a busy intersection on foot??

THE ELEMENTS D. Damages – restored to pre-injury condition through money - Bills - Wages - Pain + Suffering - permanent physical losses

DEFENSES TO NEGLIGENCE A.Contributory Negligence - You can not recover damages if your own negligence contributed to your injury example: if you are warned about slippery conditions, but proceed anyway, you can not sue

B. Comparative Negligence The loss is divided according to the degree to which each person is at fault Courts will determine which percentage of the accident was caused by each party and they will be paid in damages accordingly. Example: car accident where both cars are somewhat at fault.

C. Assumption of Risk When a person voluntarily encounters a known danger and decides to accept the risk of that danger. Example: a person at a hockey game gets hits by a puck.

D. Reasonable Person Standard This defense is used when a person does not act in accordance of how a reasonable person would act. For example. You can not sue a lighter fluid company for getting 3 rd degree burns if you covered yourself in it then light a fire.