Negligence Mr. Lugo

Elements needed to prove negligence: We have established standards of care that society expects from people. Negligence is conduct that falls short of this standard. Elements needed to prove negligence: Duty Breach of duty Conduct caused harm Damages were suffered by plaintiff Negligence

Duty & Breach The reasonable person standard: If you are unreasonable & damage is caused – you are liable for damages Law assumes reasonable people don’t break the law Therefore, if law is violated, the person is automatically negligent if there is damage Conduct is compared within your field Carpenters are more skilled than ordinary people Minors compared to their age group

This element has two parts: Cause in fact If harm would not have occurred – the act is the cause Proximate cause The harm caused must be foreseeable

Damages Must prove economic harm Hospital bills, lost wages, property damages, reduced future earnings May also have non-economic harm Pain & suffering, mental distress, permanent physical loss Some states require economic loss to get non- economic loss

Contributory negligence Negligence defenses Contributory negligence Plaintiffs can’t recover damages if their negligence led to the harm Is this fair? Comparative negligence Jury compares the degree of fault Assumption of risk

The defendant is liable to the plaintiff regardless of fault Strict Liability The defendant is liable to the plaintiff regardless of fault Proving negligence requires 4 elements – strict liability needs only 2: Causation Damages

Strict Liability Examples of unreasonably dangerous activities: Demolition company Waste treatment plant Chemical manufacturer Owning dangerous animals Defective products

Argue that it should not be a strict liability standard Defenses: Argue that it should not be a strict liability standard There is no causation There are no damages That the consumer has misused the product

Tort Reform Concerns: Unreasonably high awards to plaintiffs Expense of going to court (fees, lawyers) Civil cases take too long Complicated laws. Difficult to determine fault Prices have risen due to insurance needed for protection

Student Practice/ Application: 1. Read pages 260-263 in Street Law textbooks. 2. Complete the You be The Judge Activity on page 263. 3. You are to utilize information from previous PowerPoint presentations, textbook readings, and their knowledge of Social Studies when determining your answers.