Today’s Lecture #19 Liability ExposuresForms of CompensationForms of Compensation - ExampleBasis of LiabilityNegligenceNegligence - ExampleSlide 7Defenses Against LiabilityNegligence Defenses - ExampleModifications of NegligenceSignificance of the Liability RiskSources of LiabilityDuty of Care OwedOther Property IssuesActivitiesLiability IssuesToday’s Lecture #19Liability ExposuresTypes of CompensationBasis for LiabilityElements of NegligenceDefensesModifications Significance of the Liability RiskSources of LiabilityCurrent IssuesForms of CompensationSpecial damages (economic damages)General damages (non economic damages)Punitive damagesForms of Compensation - ExampleWhich form of compensation is an award for pain and suffering?A) Special damagesB) General damagesC) Punitive damagesD) Exemplatory damagesE) None of the aboveBasis of LiabilityStatutory lawCommon lawStare decisisCriminal and Civil LawContractual liabilityNegligenceA failure to act reasonably that causes harm to others.Essential elements (all must be present to apply)1 A duty to act (or not to act) in some way2 Breach of that duty3 Damage or injury to the one owed the duty4 A causal connection (proximate cause) between the breach and the injuryNegligence - ExampleA friend is helping you move a couch down some stairs. While you are halfway down the stairs, your phone rings. You drop your end of the couch to answer the phone. The couch falls onto your friend’s foot, breaking it. In this case, which one, if any, of the essential elements for negligence is missing?Negligence - ExampleA) A duty to act (or not to act) in some wayB) Breach of that dutyC) Damage or injury to the one owed the dutyD) A causal connection (proximate cause) between the breach and the injuryE) None of the elements are missing and you would be liableDefenses Against LiabilityAssumption of riskContributory negligenceComparative negligencePartialCompleteLast clear chanceSovereign ImmunityNegligence Defenses - ExampleYou are playing softball with some friends. You slide hard into third base, breaking the thirdbaseman’s ankle. If he sues you, what is your best defense?A) Assumption of riskB) Contributory negligenceC) Comparative negligenceD) Last clear chanceE) You have no defense and will be foundliableModifications of NegligenceRes ipsa loquiturStrict LiabilityVicarious LiabilityJoint and Several LiabilitySignificance of the Liability RiskPotential Size of LossVet med grad student injured in 1976Fender-bender casesBack injury with no damage to vehicleSlow speed collisionChrysler minivan case $262.5 millionCost of defenseUncertainty of outcomeSources of LiabilityPropertyActivitiesDuty of Care OwedTrespasserRefrain from taking steps to harmLicenseeAvoid harmingWarn of dangersInviteeMaintain safe premisesWarn of dangers that cannot be correctedOther Property IssuesTenant’s Liability to PublicHold-harmless clauseTenant’s Liability to OwnerAnimalsAttractive NuisanceHazardous WasteActivitiesAutomobile LiabilityProfessional LiabilityOperationsProduct LiabilityLiability IssuesMedical MalpracticeProduct LiabilitySuggested RevisionsChanging contingency fee arrangementsShortening the statute of limitation Placing caps on damagesEliminating the collateral source
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