Chapter 19: Negligence

Negligence

Conduct that creates an unreasonable risk of harm.

1. Protects from unreasonable behavior

2. Lack of care

Conduct creates an ____

Unreasonable risk of harm

Must prove all by the preponderance of evidence to win a negligence lawsuit

Duty, breach of duty, causation, and damages

Duty

The defendant owed a duty of care to the plaintiff, or injured to person.

Breach of Duty

Defendant’s conduct breached or violated their duty

Causation

Defendant’s conduct caused the plaintiff’s harm

Damages

The plaintiff suffered actual injuries or losses

Duty (Formal Def.)

A legal obligation to exercise reasonable care towards others and their property

Breach

Violate the standard of reasonable care, most likely HAVE to pay damages

The reasonable person standard tort law refers ___

To the typical average person

Every has a duty towards everyone, the duty is to ___

Act reasonably

The law assumes that reasonable people do not break the law, if so they have ___

Breached their duty to act reasonably

The law compares minors conduct with ___

the same age, intelligence, and experience as a 15 year old.

The plaintiff must prove that the defendant’s actions caused ___

Harm

Two Types of Causation

Cause in fact and Proximate cause

Cause in Fact

The harm occurred because of the act. Easier to prove

Proximate Cause

Must be a close connection between the wrongful act and the harm caused. This harm had to be a foreseeable result.

Foreseeable Harm

Injury a person can reasonably predict.

Damages

Money awarded for hospital bills, lost wages, damage to property, reduced future earnings, and other economic harm.

Economic Harm

Pain and suffering, emotional distress, permanent physical losses (blindness or deafness)

Contributory Negligence

A plaintiff cannot recover damages because the plaintiff’s negligence contributed to harm suffered. There is a shared harm.

Comparative Negligence

Dividing the loss to the degree each person is at fault. If the plaintiff is 50% or over, there will be no damages since they are more at fault

If they find plaintiff more than 50% at fault, the defendant can ____

Counterclaim

Counterclaim

Defendant sues the plaintiff

Assumption of Risk

Used when a person voluntarily encounters a known danger and decides to accept the risk of danger (ex. skydiving)

Waiver

A release from liability that one signs. It releases a person sponsoring an activity from any liability if you get injured (ex. signing a waiver before skydiving)

Explain and define the defenses to an intentional tort and negligence