Recording-2025-03-06T17_05_58.574Z

Student Club Workshop

• Date: Eleventh

• After Homework Problems: Workshop on interviewing skills led by instructor.

• Purpose: Teach students how to land their dream job.

• Timing: 12:00 PM - 12:50 PM in the classroom.

• Sign Up: Students encouraged to sign up for the business club with JJ or Carla.

Negligence Overview

Four Elements of Negligence

1. Duty of Care

   • Relationship or proximity between defendant and plaintiff establishes duty owed.

   • Judged against specific professional standards (e.g., engineers, doctors).

   • Special duty for business invitees: businesses must keep common areas safe and warn of known dangers.

2. Breach of Duty

   • Determination if the duty of care has been breached; simple inquiry.

3. Causation

   • Breach must foreseeably cause harm to the plaintiff.

   • Must demonstrate direct connection between the breach and damages suffered.

4. Damages

   • Plaintiff must have suffered harm due to the breach.

Defenses to Negligence

• Assumption of Risk: Plaintiff knowingly engaged in a risky activity, which can eliminate liability.

• Contributory Negligence: If plaintiff contributed to their own harm, they may recover nothing in court.

• Comparative Negligence: Allocates fault between parties; damages adjusted accordingly.

• Superseding or Intervening Forces: Unforeseeable events that break the chain of causation between breach and harm.

Special Negligence Doctrines

1. Negligence Per Se

   • Occurs when a defendant violates a law or regulation causing harm to the plaintiff.

   • Example: A hotel without fire alarms fails to protect guests.

2. Dram Shop Acts

   • Establishes liability for establishments serving alcohol to visibly intoxicated individuals who later harm others.

   • Encourages responsible serving; applies to all public-facing alcohol-serving locations, including social hosts.

3. Good Samaritan Statutes

   • Protects those providing aid in emergencies from negligence claims under certain conditions.

   • Encourages helping others without the fear of legal repercussions.

Strict Liability Overview

Definition

• Strict Liability: Liability without fault; a defendant is held liable regardless of precautions taken.

Categories of Strict Liability

1. Abnormally Dangerous Activities

   • Activities that inherently pose a risk of significant harm (e.g., fireworks, demolition).

   • Defendants are liable regardless of care exercised.

2. Wild Animals

   • Owners of wild animals or aggressive breeds (e.g., certain dog breeds) maintain strict liability when their animals cause harm.

3. Strict Product Liability

   • Manufacturers and sellers can be held liable for defective products causing personal harm or property damage.

   • Does not require proof of negligence; focus is on the defect existing at the time of sale.

   • Lawsuit can involve component manufacturers, retailers, and distributors in the chain of distribution.

Defenses to Product Liability

• Assumption of Risk: Consumer assumed the risk of using the product.

• Product Misuse: Consumer misused the product in unforeseeable ways.

• Commonly Known Dangers: Failure to warn for obvious dangers inherent to the product.

• Knowledgeable User Defense: Experts are expected to know the risks associated with their field.

• Preemption: When a product meets federal safety regulations.

• Statute of Limitations: Legal deadline for filing a claim.

Recap for Exam Preparation

Chapters Covered

• Understanding torts, including intentional torts and negligence.

• Elements of negligence:

  • Duty, breach, causation, and damages.

  • Defense mechanisms discussed.

• Special doctrines such as negligence per se and good Samaritan laws.

• Strict liability overview covering dangerous activities, wild animals, and product liability categories.

  • Key defenses outlined.

Homework Assignments

• Review and complete specified problems from Chapters 6 and 7 for upcoming class discussions.