3.2 Negligence and Liability Chapter 3 Tort Law 3.2 Negligence and Liability

Objectives: Students will define negligence Students will explain the concepts of the reasonable person test and the proximate cause. Students will explain the concept of strict liability. Students will compare and contrast negligence, strict liability, and proximate cause

Academic Vocab. Reasonable-Adjective Objective-Adjective Means rational, fair Objective-Adjective Means realistic, impartial Foreseeable-Adjective Means reasonably anticipated

Negligence Negligence-is a tort that results when one person carelessly injures another Negligence is being less careful than a reasonable person would be

Elements of negligence The defendant owed the plaintiff a duty of care Duty of care –the obligation to use a reasonable standard of care to prevent the injury of others The defendant breached that duty by being careless Reasonable person test

Elements of negligence The defendant’s carelessness was the proximate cause of the harm Proximate cause-exists when the link between the negligent conduct and the injury is strong enough to be recognized by the law If the injury is foreseeable The plaintiff was really hurt by the defendants carelessness Actual harm has to proven, no injury no negligence All four elements have to be proven.

Defenses to negligence Contributory Negligence- The defendant can show that the victim did something that helped cause his or her own injuries Comparative Negligence-The carelessness of each party is compared to the carelessness of the other party Assumption of risk-when the plaintiff new risk was involved and still took the chance

Strict Liability Legal doctrine that says that some activities are so dangerous that liability will always follow any injury that results from those actions Risk is so great no amount of care will eliminate it Using explosives Keeping wild animals as pets

Strict Liability Product Liability Limits to product liability Defective products are the responsibility of the manufacturer and the seller. Fault does not matter Limits to product liability Doesn’t apply to seller if they don’t usually sell an item Doesn’t apply if the only damage is done to the product itself

Tort Reform Survival Statutes Wrongful death Statutes Law suits can continue even if the parties are dead In the past the lawsuit ended with the death of either party Wrongful death Statutes Allows relatives to bring suit after a death

Discuss Do professionals have a higher duty of care than those who are not? Ex. A woman is having a party at her swimming pool. What precautions would a reasonable person take? Would using a cell phone while driving be considered negligence?

Activity Companies often issue product recalls when they discover product defects that may be potentially hazardous to consumers. Research recent product recalls. Products and why they are being recalled You will then share your findings with the class.