1. Negligence
Mr. Lugo

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

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

9. 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

10. 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

11. Student Practice/ Application:
1. Read pages 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.