B: Negligence (Breach, Causation, Damages)

SLIP AND FALL

(i) dangerous condition was present long enough for D to have noticed it

(ii) D failed to make safe the dangerous condition

RES IPSA LOQUITUR

(i) no direct evidence of D’s conduct
(ii) harm is the type that usually does not occur absent negligence
(iii) instrument that caused the harm was in D’s exclusive control
(iv) P did not contribute to the harm

NEGLIGENCE PER SE

P can make a prima facie showing of negligence if…
(i) statute sets out duty of care
(ii) D breaches the duty
(iii) P is a member of the class that the statute was trying to protect
(iv) P’s harm is the type of injury that the statute was trying to prevent

ACTUAL CAUSE

• IF there’s a single cause, THEN actual cause exists if the harm would not have occurred but for D’s actions.

• IF there are multiple causes, THEN actual cause exists if D’s action were the substantial cause of the harm.

PROXIMATE CAUSE

Proximate cause exists if the harm was a foreseeable result of D’s conduct.

SUPERSEDING CAUSE

an unforeseeable intervening event that breaks the chain of causation b/w the initial wrongful act and the ultimate injury

EGGSHELL-SKULL RULE

D is liable for all harm that P suffers as a result of his conduct, even if P suffered from an unknown pre-existing mental condition that made the harm different/greater than what a person w/o the condition might suffer.

In a PURE COMPARATIVE NEGLIGENCE jxn, what can P recover?

the full amount of damages (regardless of his own negligence), reduced by P’s proportion of fault

In a PARTIAL (or MODIFIED) COMPARATIVE NEGLIGENCE jxn, what can P recover?

the full amount of damages UNLESS P is equally at fault or more at fault than D(s)

In a JOINT AND SEVERAL LIABILITY jxn, what can P recover?

the full amount of damages, from any and all tortfeasors

In a SEVERAL LIABILITY jxn, what can P recover?

for each tortfeasor, only their proportion of fault

CONTRIBUTION

When there are multiple tortfeasors, D1 can seek contribution from D2 for damages paid to the plaintiff.

INDEMNIFICATION

When there are multiple tortfeasors, IF the difference in culpability is great, THEN the court will shift financial responsibility form the less-culpable defendant to the more-culpable defendant.