Negligence

Negligence

Careless conduct that falls below what a reasonable person would do, even if not intentional.

Elements of Negligence

Duty, Breach, Causation, Damages (DBCD).

Duty of Care

Act like a reasonable person under the circumstances. No general duty to rescue.

Foreseeability of Harm

Courts ask: could this harm to this plaintiff have been expected? (Think Palsgraf).

Foreseeable Plaintiffs

Rescuers, intended beneficiaries, fetuses, and anticipated crime victims.

Affirmative Duty to Act

Duty arises if:

1. you start helping,

2. you caused the danger,

3. a contract requires it,

4. you have authority (parent/employer),

5. a special relationship (carrier/patron),

6. or a statute imposes it.

Standard of Care

Measured by the reasonably prudent person test — objective, not “best efforts.”

Common Carriers

Owe the highest duty of care to passengers (planes, buses, trains).

Drivers

Owe ordinary care to passengers and others on the road.

Bailor’s Duty

Must warn of known defects; if compensated, must also check for defects they should know of.

Bailee’s Duty

Liable for gross negligence; must take high care of the bailor’s property.

Emergencies

Measured by what a reasonable person would do in that emergency (unless you caused it).

Invitee (Traditional)

Business visitor owed highest duty of care (inspect + make safe).

Licensee (Traditional)

Social guest owed warnings of known hidden dangers.

Trespasser (Traditional)

Only duty: don’t willfully or wantonly injure them.

Known/Obvious Dangers

Even obvious risks may require precautions if harm is still likely.

Land Possessors (Modern)

Owe reasonable care to all lawful entrants; trespassers still treated differently.

Cardozo Rule (Palsgraf)

Duty owed only to foreseeable plaintiffs within the “zone of danger.”

Andrews Rule

Duty owed to all harmed; foreseeability is part of proximate cause.

Children

Measured by what a reasonable child of similar age, intelligence, and experience would do.

Physically Disabled Persons

Measured by a reasonable person with the same disability (e.g. blind = reasonable blind person).

Mentally Disabled Persons

Held to the ordinary adult standard; mental limits don’t excuse negligence.

Intoxicated Persons

Held to the sober reasonable person standard unless intoxication was involuntary.

Professionals

Must act as a reasonable professional in their field, compared to peers.

Doctors

Must use the skill and knowledge of similarly trained doctors in similar circumstances.

Negligence Per Se

Breaking a safety statute sets both duty and breach.

Rescuers

Always foreseeable plaintiffs — “danger invites rescue.”

Firefighter’s Rule

Public safety professionals can’t recover for risks inherent in their jobs.

Wrongful Birth/Life

Viable fetuses are owed a duty of care.

Statute-Based Duties

Statutes can create duties to act (e.g., child abuse reporting laws).