negligence & strict liability

what is negligence?

failure to exercise reasonable care, resulting in harm

negligence is the most common?

tort

what is the reasonable person standard?

a person who never rushes, never forgets, and thinks logically

for professionals, what standard are they held to?

professional standards applicable to their specialty/profession

children are judged by?

age/experience

what are the 4 elements of negligence that must be present?

1. defendant owed a duty of care

2. defendant “breached” (or failed) this duty

3. plaintiff suffered injury because of it

4. defendants negligent act caused the plaintiff’s injuries

what is duty of care?

legal obligation to act with reasonable caution

what is breach of duty?

failure to act as a reasonably prudent person would

what’re the two requirements for causation?

1. actual cause

2. proximate cause

what is actual cause?

“but for” test

but for the defendant’s conduct, would the injury have happened?

if the answer to the “but for” test is no, the actual cause is?

nonexistent.

what is proximate cause?

even if actual cause exists, harm must still be foreseeable

prevents defendants from being liable for bizarre, really wild & cosmic coincidences

foreseeability controls?

liability

what is injury/damages?

plaintiff must prove actual harm; physical injuries, property damage, economic loss, emotional distress (limited in simple negligence)

what is res ipsa loquitur?

the thing speaks for itself

when is res ipsa loquitur used?

accident normally doesnt occur w/o negligence, defendant had exclusive control, plaintiff didnt contribute

why does res ipsa loquitur matter?

allows jury to infer negligence even w/o direct proof. used when the only logical explanation is negligence

what is negligence per se?

when a defendant violates a safety statute

how does negligence per se apply?

duty + breach automatically satisfied. plaintiff must be: in the class of people the law protects & harm must be the type the law intends to prevent

what is professional malpractice?

professionals must act with the skill of a reasonably competent practitioner

for professional malpractice, a breach often requires?

expert testimony

what’re the defenses to negligence?

assumption of risk, contributory negligence, superseding cause, comparative negligence

what is assumption of risk?

plaintiff knows and voluntarily accepts the risk

what is contributory negligence?

oldest and harshest negligence rule. if plaintiff is even 1% at fault, they recover nothing. only four states use this (alabama, maryland, north carolina, virginia, DC)

what happens if someone doesnt understand in assumption of risk?

doesnt matter. court doesnt care

what is comparative negligence?

almost all states use this. plaintiffs recovery reduced by % of their fault. based on 100% then allocated based on person’s fault

what is pure comparative negligence?

plaintiff can recover even if 99% at fault

what is modified comparative negligence?

plaintiff barred at 50% or 51% fault

what is superseding cause?

an unforeseeable event breaks the chain of causation. so the defendant is not liable for abnormal, extraordinary events

what is the step by step approach for negligence analysis?

1. identify duty

2. identify breach

3. apply actual cause

4. apply proximate cause

5. identify damages

6. apply defenses

7. conclude liability

what is strict liability?

no need to prove negligence. applies to abnormally dangerous activities, wild animals, product liability

what’re abnormally dangerous activities?

activities where even perfect care cannot eliminate danger. courts look for high risk, unavoidable danger, uncommon activity, low community value

for wild exotic animals then……..?

strict liability automatically applies

for domestic animals then…….?

strict liability once owner KNOWS of dangerous tendencies

the one bite rule is a ______ rule not a free bite

notice

what are strict liability defenses?

assumption of risk, abnormal misuse, comparative fault

what is product liability?

holds manufacturers/sellers responsible for defensive products

strict liability applies when a product is unreasonably dangerous - even w/o _________

negligence

what’re three classic defects of product liability?

manufacturing defects (product departs from intended design)

design defects (entire product line is unsafe as designed)

failure to warn (inadequate warnings or instruction)