Chapter 7 Negligence and Strict Liability 09 25 2012 Negligence Conduct that falls below the level reasonably necessary to protect others Defendant owed a duty of care to the plaintiff Defendant committed breach of duty Breach was the actual and proximate cause of injury Duty and Breach of Duty Reasonable person test each person must act as a reasonable Breach of Duty plaintiff must prove defendant failed to act as a person of ordinary prudence would o Test is objective and subjective reasonable person CASE Currie v Chevron USA Inc o Tracy Currie sued Chevron for negligently causing daughters o Chevron gas station attendant authorized gas when there was o Woman than used gas to put on Currie s daughter and light death no car in the station her on fire o Jury granted Currie 3 500 000 dollars and appeal confirmed Special Duties professionals have special duties such as knowledge skill and care lawyers doctors Duties to Persons on Property premises liability cases o Invitees Business visitor invited to enter property for a purpose customers patrons delivery Public invitees property open to public parks swimming pools o Licensees enters property for own purpose not purpose connected with possesor s business but with consent Door to door sales solicitors o Trespassers enters the land without its possessor s consent and without any other privilege CASE Kroger v Plonski o Plonski filed negligence suit against Kroger Co been attacked by third party in parking lot of Kroger grocery store o After shopping Plonski was beating by a man who stole her o There had been 30 reports of stolen property in Kroger purse parking lot o Kroger Denial of Summary Judgment affirmed Negligence Per Se defendants violation of laws may create a breach of duty and may allow the plaintiff to win the case if plaintiff o Was within the class of persons intended to be protected o Suffered harm of a sort that the statue law intended to protect CASE Kaltman v All American Pest Control o Didn t adequately clean pesticide equipment before Kaltman home o The house had a stench but was told it wasn t harmful o House was uninhabitable for a year o All America Pest Control filed demurrers but lost Causation of Injury must prove that breached duty caused injury Types of Injury and Damages o Personal Injury harm to plaintiffs body Can claim compensatory damages can also be for pain o Property Damages harm to plaintiff s real estate or a personal property item such as a car Can claim compensatory damages economic loss such as out of pocket expenses Only compensatory damages can be taken CASE Atlantic Coast Airlines v Cook o A man was running around the plane and freaking out months after the world trade center o Mr Cook was emotionally distreesed and upset o Cooks sought damages for negligent infliction of emotional o Reversed denial of Atlantic Coast s summary judgment Causation link there needs to be cause for defendant who breached distress duty o Was breach actual cause of injury o Was breach proximate cause of injury o What was the effect of any cause of injury Actual Cause The but for test this test says the plaintiff wouldn t be injured but for actions of the defendant Proximate Cause Defendant is liable for proximate results of breach require degree of proximity or closeness between Later Acts Forces or Events If a secondary act was foreseeable like a fire started and then wind comes and burns house liable for defendants breach both if Forseeable Intervening Causes if unforeseeable than most courts hold that it is an intervening event which does not hold defendant responsible CASE Stahlecker v Ford Motor Co o Amy Stahlecker drove a Ford and one of the tires blew out a man found her and sexually assaulted her and killed her o Stahleckers sued for negligence but district court said Ford had Intervening Cause and does not hold them responsible o Supreme Court affirmed district courts decision Res Ipsa Loquitur If defendant had exclusive control over cause of harm then defendant have to prove that they were not negligent CASE Williams v Cingular Wireless o Williams sued Meagher who was driving the vehicle and Cingular the phone she was using o Is it foreseeable that sale of a cell phone would lead to car accident CASE Martin v Walmart o Plaintiff Martin was shopping in sporting goods section and shotgun shell fell off shelf and pellets went all over the floor o Martin slips and falls on pellets and has permanent damage in foot and did nothing Actual notice of hazards employee knew of situation Constructive notice of hazards situation happened a while ago and employees should have been aware o Motion of summary judgement no facts in dispute we can settle this in summary of law TEST Need to know Burger King Actual cause and not probable cause wins hotel room exit are poorly maintained therefore fire breaks out but doesn t even get out of his room o If he sues hotel for bad exits there is no actual cause because he didn t make it to the exits Question 4 end of chapter 7 09 25 2012 09 25 2012
View Full Document
Unlocking...