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{ Chapter 10 TORTS: Negligence and Strict Liability
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Unintentional Torts & Negligence Unintentional Tort: A doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions Negligence: Omission to do something which a reasonable person would do, or doing something which a prudent and reasonable person would not do 1 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
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Elements of a Negligence Lawsuit 1. The defendant owed a duty of care to the plaintiff 2. The defendant breached the duty of care 3. The plaintiff suffered injury The defendant’s negligent act caused the plaintiff’s injury The defendant’s negligent act was the proximate cause of the plaintiff’s injuries 2
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1. Duty of Care An obligation not to cause any unreasonable harm or risk of harm Tests used to determine whether a duty of care was owed: Reasonable person standard Reasonable professional standard 3
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2. Breach of Duty of Care Failure to exercise care or to act as a reasonable person would act 4
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3. Injury to plaintiff Personal injury or damage to the plaintiff’s property Damages cannot be recovered if the plaintiff suffered no injury Damages recoverable depend on the effect of the injury on the plaintiff’s life or profession 5
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Causation Causation in fact (actual cause): A person who commits a negligent act is not liable unless actual cause can be proven Proximate cause (legal cause): A point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions 6
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Special Negligence Doctrines 1. Professional malpractice 2. Negligent infliction of emotional distress 3. Negligence per se 4. Res ipsa loquitur 5. Good Samaritan laws 7
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1. Professional malpractice The liability of a professional who breaches his or her duty of ordinary care Breach of reasonable professional standard 8
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2. Negligent infliction of emotional distress Permits a person to recover for emotional distress caused by the defendant’s negligent conduct 9
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3. Negligence per se Violation of a statute that proximately causes an injury 10
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4. Res ipsa loquitur Defendant had exclusive control of the situation that caused the plaintiff’s injury Injury would not have ordinarily occurred but for someone’s negligence 11
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5. Good Samaritan laws Protects medical professionals who stop and render emergency first aid Relieves them from liability for ordinary negligence No relief for gross negligence or intentional or reckless conduct Laypersons not trained in CPR not covered If you don’t know how to do it – find someone who can 12
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Defenses Against Negligence 1. Superseding or intervening event An event for which defendant is not responsible 2. Assumption of risk Plaintiff knowingly and voluntarily participates in a risky activity that results in injury 13
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Defenses Against Negligence 3. Contributory negligence Plaintiff who is partly at fault for his or her own injuries cannot recover against negligent defendant 4. Comparative negligence Damages apportioned according to fault Pure comparative negligence Partial comparative negligence (50% rule) 14
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Strict Liability Strict liability is liability without (regardless of) fault A participant in a covered activity will be held liable for any injuries caused by the activity, whether or not he or she was negligent Abnormally dangerous activities 15
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