Recording-2025-02-24T21:05:58.437Z

Duty of Care

• Definition of Duty: A legal obligation to ensure the safety of others, established through relationships (e.g., customer-service provider, host-guest).

• Examples of Relationships:

  • Responsibility as a service provider (e.g., shop owner)

  • Inviting someone into your home.

  • Customer relationship implies a duty to keep the customer safe.

Breach of Duty

• Determining Breach: Assessing through the lens of a "reasonable person" standard:

  • Hypothetical reasonable person evaluated to determine if the duty was breached based on their expected actions.

  • Characteristics of the reasonable person: cautious, responsible, attentive.

  • If the defendant acted in accordance with this standard, they may not be found liable.

Causation

• Elements of Causation:

  • Actual Causation: Linking the breach to the harm.

    • Example: In the case of Paulsgraf v. New York Railroad (1928), the actions of porters led to the explosion and resulting injuries.

  • Proximate Causation: Refers to the scope of the potential harms and foreseeability of harm.

    • Question of Foreseeability: Would a reasonable person foresee harm coming to the plaintiff from the defendant’s actions?

Case Study: Paulsgraf v. New York Railroad

• Summary: A gentleman's package containing explosives causes an explosion that injures Mrs. Paulsgraf, who is three blocks away.

• Duty Established: The railroad had a duty to care for its customers, including Mrs. Paulsgraf.

• Actual Causation: Domino effect from porters pushing a man into the train leading to the explosion and injury.

• Proximate Causation: Analyzes whether the harm to Mrs. Paulsgraf was foreseeable given the circumstances.

Duty Levels Based on Relationship

• Special Duties: Landowners have different levels of duties:

  • Duty to Trespassers: Must avoid willful harm or traps (e.g., a pool).

  • Duty to Invitees: Must take reasonable steps to ensure safety for guests and customers.

Negligence Concepts

• Negligence Per Se: Violation of a pre-existing standard of care (e.g., traffic laws).

• Res Ipsa Loquitur: "The thing speaks for itself"; applies when negligence is evident from the circumstances (e.g., keg falling on a parked car).

Defenses to Negligence

• Contributory Negligence: Complete defense if the plaintiff was even slightly at fault.

  • Historically strict but seen as unfair; largely replaced by comparative negligence.

• Comparative Negligence: Percentages are assigned to each party's fault; plaintiff can recover damages based on their degree of fault.

Assumption of Risk

• A person consents to foreseeable risks inherent in an activity.

• Requirement: Consent must be informed and voluntary; persons must understand the risks they are assuming.

• Example: Waivers at fitness centers stating activity is at your own risk.

Strict Liability

• Applies to ultra-hazardous activities (e.g., using explosives).

• Criteria: Liability is imposed regardless of negligence or intent; just engaging in the activity suffices for liability.

Product Liability

• Negligence in Products: Manufacturers must provide warnings when there are risks associated with their products.

  • Example: Hot beverage warnings on cups.

• Defective Product Liability: A manufacturer can be held liable if a product is defective and poses danger to consumers.

  • Tests for Liability: Consumer expectation test and risk vs. utility test.

Statutes of Limitations

• Legal time frames established for filing lawsuits. If a lawsuit is not filed within this timeframe, the right to sue may be lost.