Negligence

DEFENSES TO NEGLIGENCE CLAIMS

Key Definitions
  • Negligence: A category of tort where one party fails to act reasonably, leading to harm to another, without evidence of intent to cause harm.
  • Tortfeasor: The person or entity which commits a tort (wrongful act).
Potential Defenses to Negligence
  • Two primary defenses:
    • Comparative Negligence
    • Assumption of the Risk

Comparative Negligence

  • This defense applies when the injured party's conduct contributes to the harm suffered.
  • A jury divides the percentage of negligence between parties involved.
  • Recovery is reduced based on the injured party's percentage of fault.
Example Calculation
  • Total damages suffered: 100,000100,000
  • Baker's responsibility: 80%80\%
  • Abel's responsibility: 20%20\%
  • Final recovery amount:
    • Calculation: 100,000imes(1−0.20)=80,000100,000 imes (1 - 0.20) = 80,000
    • Thus, Abel recovers: 80,00080,000
Comparative Negligence vs. Contributory Negligence
  • Contributory Negligence: The doctrine where any fault by the plaintiff bars recovery completely.
  • Majority of states do not follow contributory negligence due to its unfairness.
  • States that still recognize contributory negligence:
    • Alabama, Maryland, North Carolina, Virginia, and the District of Columbia.
    • Indiana applies this rule specifically to medical malpractice cases.

Assumption of the Risk

  • This defense applies when the injured party knows of a substantial risk and voluntarily engages in that risky activity.
  • Requirements for this defense:
    1. The injured party/plaintiff must know or should have known of the inherent risks.
    2. The injured party/plaintiff voluntarily participated in the activity despite the risk.
  • Examples of inherently dangerous activities:
    • Bungee jumping, parachuting.
    • Companies providing these services may limit liability if they minimize dangers and disclose risks adequately.

ELEMENTS OF NEGLIGENCE

  • Duty: Did the tortfeasor have a duty of care to the injured party?
  • Breach of Duty: Did the tortfeasor fail to exercise reasonable care?
  • Cause in Fact: Would the injured party have suffered damages but for the tortfeasor's breach?
  • Proximate Cause: Is there a legally recognized link between the breach and the damages?
  • Actual Damages: Did the injured party suffer identifiable physical harm or losses?
Summary of Key Points on Negligence
  • Negligence involves an unreasonable risk of harm leading to liability for damages.
  • Five elements must all be proven for a negligence claim to succeed.