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Mizzou HSP_MGMT 1133 - Negligence
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HSP_MGMT 1133 1st Edition Lecture 24 Outline of Last Lecture I. Employee Privacya. Phone calls at workb. Email/computer usec. Computer used. Social networkinge. Appearance codesII. False Imprisonmenta. Wrongful confinement of someone without justificationi. Shopkeeper’s privilege b. Strip search prank calls caseOutline of Current Lecture III. Negligencea. Common law negligenceb. Negligence per sec. Status of plaintifd. Comparative and contributory faulte. Warning signsCurrent LectureThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.Facility is not an absolute insurer of the physical safety of its guests---Only liable if negligent or another tort is committed.NEGLIGENCE---lay definition---Carelessness that causes harmLegal definition/elementsCOMMON LAW NEGLIGENCE1. Duty of care---- means that someone owes you the duty of caring for you in some waya. What relationships? Businesses have a duty to customers, doctors to patients, lawyer to client, etc2. Breach of the duty of care- Someone failed to care for you in the way that they should have and as a result of that, there was an injury3. Causation- must show that the breach of the duty caused the harm to the plaintiff- Actual aka but/foro But/for- means except for the defendant’s conduct, the injury would not have occurred - Proximate cause- sometimes not shown even though there is actual causeo Example: Someone slips and falls at a hotel and breaks their ankle, then goes to the hospital and the doctor commits malpractice and the person dies, is the hotel responsible for the death? Essentially, but for the hotel’s negligence, that person wouldn’t have been in the hospital, but is it fair to hold the doctor responsible for what the hotel did initially?o Palsgraf case- involving train and explosion—check textbook to read more4. Damages- as a result of the breach of duty, the plaintiff was damaged. (physically, mentally, etc)NEGLIGENCE PER SE1. Statute imposes duty- can be a building code, a traffic code, a health code, any type of code of statute2. Violation of statute- must show that the statute is violated3. Causation- violation of the statute caused the injury4. Damages- caused damages to the plaintiffSTATUS OF PLAINTIFF—Common Law standards/duties- who is the plaintiff and does that effect the negligence?Trespasser- someone who is not legally present; can be a criminal or someone who legally was initially there but did something to make them unwelcome; generally do not have a duty to care for a trespasser- except in attractive nuisance cases Adult- no duty to an adult trespasser Child- “attractive nuisance”- attracts unsophisticated people and you have a duty to care forthem; must be physically attached to the ground (like a pool or a playground)Licensee- someone who could come in just to ask for directions, the UPS man, etc; general duty is not to intentionally harm this person- you should let them know about anything that could potentially harm them (like a broken staircase or a wet floor)Invitee- basically someone who is there for the economic benefit of the business; they have the highest duty of care to their invitees; ex: customer; should discover dangerous conditions and warn them about those (like a wet floor sign) Comparative and Contributory fault- Example: drunk hotel guest trips on broken stair case- Common law rules Contributory negligence- if the plaintiffs own negligence contributed to cause their harm the defendant owes nothingCurrent rules Systems of comparative fault- court and jury will assess the percentage that both sides areliableo Ex: Hotel is 70% responsible and drunk guest is 30% responsible- so hotel pays 70% of the damages Pure comparative fault- plaintiff can recover money even if he or she is more to blame than the defendant; so the defendant only has to pay the percentage of the damages that they caused Warning signs- ex: “warning- wet floor” sign Prevents the guest from getting hurt in the first place Also can help you in comparative fault and you would pay less money Contractual disclaimers- signing something that says you can’t sue them if something goes wrong- also known as an exculpatory clause A lot of courts don’t take enforce these clauses because they often aren’t fair People will be more careful because they realize they can’t sue them if something would happen Deters lawsuits Signs disclaiming responsibility- signs that say swim at your own risk and we’re not responsible for anything that goes wrong here, etc You cannot escape liability just by putting a sign up If people see the sign they might be more careful  Assumption of risk- legal doctrine that says if you assume a dangerous situation you might not be able to come back and sue later because you shouldn’t have assumed a dangerous


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Mizzou HSP_MGMT 1133 - Negligence

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