Intentional Torts: Occur when someone intentionally harms another person. This video will not focus on intentional torts.
Negligence: The largest area of tort law and the primary focus of this video.
Products Liability: Addressed in a separate module.
Negligence
Definition: If you act negligently and someone is injured as a result, the injured person can sue you for the harm caused by your negligence.
Formula: Negligence involves a breach of duty that directly causes harm.
Breach of Duty: Failure to act as a reasonable person would in similar circumstances.
Causation: The breach of duty must directly cause the harm.
Harm: Actual injury or damage must occur.
Example: Every driver has a duty to drive reasonably. If a driver fails to do so (breaching their duty) and causes an accident that injures someone, the injured person can recover damages.
All four elements—duty, breach, cause, and harm—must be present and related for a successful negligence claim.
Duty of Ordinary Care
Definition: The standard duty in negligence is to act as a reasonable person would under similar circumstances.
Objective Standard: It is an objective standard of reasonable behavior, not merely whether someone believed their behavior was reasonable.
Determining Reasonableness
Two primary standards courts use to determine reasonableness:
Predictability: Could others in the community predict the risks of your conduct so they could take precautions?
If everyone acts predictably, it leads to a standard of conduct that minimizes injuries.
Deviating from standard conduct creates risks for others.
Example: Following traffic rules allows others to share the road safely.
BPL (Burden, Probability, Loss) Approach: Derived from the Carol Towing case, it is a cost-benefit analysis.
B < PL: Negligence occurs if the burden (B) of taking precautions is less than the probability (P) of loss (L) occurring multiplied by the magnitude of the loss.
Burden (B): The cost or effort required to take precautions.
Probability (P): The likelihood of harm occurring.
Loss (L): The potential severity of the harm.
Example 1: During dark and rainy conditions, the burden of turning on headlights, using windshield wipers, and slowing down is low compared to the potential losses from an accident. Therefore, not taking these precautions would be negligent.
Example 2: Requiring drivers to only drive when it is light and dry is unreasonable because the societal cost is too high. Most people can drive safely under these conditions.
Example 3: Requiring all drivers to have high-end LiDAR mapping systems is not reasonable because it disproportionately increases the cost relative to the risk faced by most drivers.
The law requires reasonable precautions in proportion to the dangers created by one's activities.
Standard of Care: New vs. Experienced Drivers
New drivers are generally held to the same standard as experienced drivers because others on the road cannot differentiate between them.
It is an objective standard of care that applies to the ordinary person engaged in a similar activity.
A 16-year-old driver is held to the same standard as an ordinary driver.
Standard of Care: Professional Drivers
In most states, professional drivers are held to the same standard as ordinary drivers, even though they may be more skilled.
Reasons for this policy:
Incentives: To avoid discouraging drivers from gaining more skill.
Discouraging Risky Behavior: To prevent ordinary drivers from taking risks around skilled drivers.
Administrability and Enforcement: It is simpler to hold all drivers to the same standard.
If experienced drivers were held to a higher standard, it would lead to endless debates and increased legal costs.
Key Concepts in Negligence Law
Predictability as a component of reasonable behavior.
BPL (cost-benefit) approach for determining reasonable precautions relative to the risks.
Taking reasonable precautions informs everyone about the level of care needed when engaging in an activity.