1. 3.2 Negligence and Liability
Chapter 3 Tort Law
3.2 Negligence and Liability

2. 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

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

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

5. 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

6. 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.

7. 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

8. 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

9. 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

10. 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

11. 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?

12. 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.