Negligence and Strict Liability
Negligence and Strict Liability
What is Negligence
Definition: Negligence is the failure to behave with the level of care that a reasonable person would have exercised under similar circumstances.
Actions/Omissions: Negligence can arise from both a person's actions and their omissions of actions, but omission is only considered negligent if there is a duty to act (e.g., a duty to help due to previous conduct).
Elements of Negligence
Three Key Elements:
Duty of Care: Defendant owed a duty of care to the plaintiff.
Breach of Duty: The defendant committed a breach of that duty.
Causation: The breach was the actual and proximate cause of the injury suffered by the plaintiff.
Duty and Duties
Existence of Duty: A duty of care exists when the plaintiff could foreseeably be at risk of harm from the defendant’s conduct.
Special Relationship: A duty may arise if a special relationship between the parties exists.
Case Study: Magri v. Jazz Casino Co, LLC
Brief Overview: Magri was injured when a stool collapsed at a casino.
Legal Analysis:
The casino owed a duty of care.
The employee’s actions breached this duty.
The accident was foreseeable, establishing proximate cause.
Outcome: Magri awarded $601,689.31, found 70% at fault himself.
Breach
Determining Breach:
If a duty exists, examine if a reasonable person in similar circumstances would have acted differently.
Standard: Focus on the defendant’s behavior (objective), not intent (subjective).
Reckless behavior can indicate unreasonable actions.
Case Study: Currie v. Chevron
Overview: A wrongful death suit was filed against Chevron for negligent authorization of a gas pump.
Foreseeability of Injury:
The attendant's actions posed a foreseeable risk of harm leading to the incident involving the plaintiff’s daughter.
Duties to Person on Property
Property Owners' Duties: Duties vary based on the type of person on the property:
Invitees: Must exercise reasonable care for safety.
Licensees: Obligated to warn of hidden dangers.
Trespassers: No duty to protect, but cannot willfully harm.
Case Study: Lord v. D&J Enterprises
Premises Liability: Discussed the duty owed to business invitees.
Key Issue: Whether D&J took reasonable actions to protect invitees like Lord.
Judgment: Summary judgment was reversed, indicating potential negligence.
Negligence Per Se
Definition: Violation of statutory duties can constitute a breach of duty.
Requirements for Plaintiff:
Must be within the class of persons the statute intends to protect.
Must suffer harm intended to be prevented by the statute.
Case Study: Winger v. CM Holdings
Overview: Assessing whether a city ordinance was violated.
Outcome: CM Holdings was found negligent per se leading to a new trial.
Causation
Types of Injuries: May include bodily/emotional injuries and property/economic damages.
Recovery: Plaintiffs can recover compensatory damages for costs resulting from tangible and intangible injuries.
Case Study: Philibert v. Kluser
Impact Rule: Limits recovery in emotional distress cases to instances with physical symptoms.
Bystander Recovery: Bystanders can assert claims for emotional distress under specific legal standards.
The Causation Link
Three Points of Causation:
Was the breach an actual cause of the injury?
Was it a proximate cause?
Were there intervening causes affecting the injury?
Types of Causes
Actual Cause: Determined by the 'but for' test.
Proximate Cause: Assessed using foreseeability tests, such as the Scope of Foreseeable Risk.
Case Study: Proximate Cause - Black v. William Insulation
Facts: Employee's commute and crash led to injury.
Judgment: Showed that WIC did not owe a duty of care for injuries sustained, as they weren't foreseeable.
Intervening Causes
Liability Impact: If an event after the breach affects injury foreseeably, the defendant may be held liable; otherwise, they may be absolved.
Case Study: Stahlecker v. Ford Motor Co.
Criminal Acts: A criminal act by a third party can be a superseding cause of injury unless a special relationship exists.
Judgment: Held for Ford, finding criminal acts were not foreseeable.
Res Ipsa Loquitur
Definition: A legal doctrine indicating that negligence can be inferred from the very nature of an accident or injury.
Requirements:
Defendant controls the instrument of harm.
Harm doesn’t occur without negligence.
Plaintiff isn't responsible for their injury.
Negligence Defenses
Contributory Negligence: When the plaintiff fails to exercise reasonable care, which may bar recovery. Examples include engaging in unsafe behavior prior to an accident.
Comparative Negligence
Overview: Many jurisdictions now use comparative negligence systems allowing courts to determine and allocate negligence degrees among parties.
Assumption of Risk
Definition: The plaintiff's voluntary acceptance of known risks which can limit recovery, e.g., a snowboarder who falls.
Exculpatory Clause: Legal documents which may relieve the defendant from liability.
Strict Liability
Definition: Liability without fault; defendants are held liable regardless of negligence or intent, particularly in product liability cases.
Strict Liability Principles
Social Policy Decision: Those engaging in inherently risky activities bear responsibility for harm caused to others.
Case Study: Toms v. Calvary Assembly of God
Overview: Discussed whether fireworks are an abnormally dangerous activity.
Judgment: Court found that fireworks in lawful compliance are not considered abnormally dangerous.
Practice Questions
True/False Examples:
Duty of care may arise only from statutes/contracts.
Without a duty, no breach can occur.
Res ipsa loquitur relates to causation.
Negligence per se reflects a plaintiff's contribution to their injury.
Additional Practice Questions
Elements of Negligence: Includes duty, breach of duty, causation, and injury.
Reasonable Person Test: Focuses on defendant’s behavior.