Chapter 7 Torts October 13th 2014 7 2 Negligence Learning Objectives Learn about whom we owe duties to under the tort of negligence Explore how those duties can be legally breached Discussed how causation both actual and proximate can affect liability Understand various defenses to negligence Examine the requirement to demonstrate damages to win a negligence suit Negligence Differs from intentional torts as negligence lacks intent to cause harm Law of negligence is an expression of democracy at the community and local level o What the community sees as unreasonable and therefore unacceptable behavior Elements of Negligence Establish that the defendant owed a duty to the plaintiff o Malpractice Negligence committed by certain professionals Demonstrate that the defendant breached the duty Prove that the defendant s conduct caused the injury o Causation in fact but for test Act from which an injury results as a natural and direct consequence o Proximate causation Proximate cause exists if an injury is foreseeable Demonstrate legally recognizable injuries o Money is awarded to the plaintiff as a compensation for the injuries caused whose amount is decided by the jury Causation Factors considered by the courts in deciding whether there is causation o Whether there is causation in fact also known as but for causation o Whether the defendant s actions were the proximate cause of the plaintiff s injury Mass Tort Civil tort involving numerous plaintiffs against one or few defendants o Joint and several liability Doctrine under which the plaintiff may pursue a claim against any party liable for the claim as if they were jointly liable and defendants then sort out their respective proportion of liability Damages in Tort Lawsuits Response by the defendant that raises a justification or excuse for the Affirmative Defense defendant s conduct Basic affirmative defenses o Assumption of risk Plaintiff is barred from recovery because the plaintiff voluntarily and knowingly assumed known risks Open and Obvious Doctrine under which the landowner is protected from liability if an invitee is injured by an open and obvious danger or hazard Contributory Negligence Absolute defense in situations where the plaintiff contributed to his or her own injuries o Comparative Negligence Partial defense that reduces the plaintiff s recovery by the amount of the plaintiff s own negligence Good Samaritan Law Designed to remove hesitation a bystander in an accident may have to provide first aid or other assistance
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