RMI 3011 Chapter 15 Notes Basis of Legal Liability A legal wrong is a violation of a person s legal rights or a failure to perform a legal duty to a certain person or to society as a whole o Crime o Breach of contract o Tort a legal wrong for which the law allows a remedy Intentional Strict absolute liability Causes harm or injury to another or damages property e g fraud assault Liability is imposed regardless of negligence of fault e g manufacturing explosives owning dangerous animals Negligence The failure to exercise the standard of care required by law to protect others from an unreasonable risk of harm The standard of care is not the same for each wrongful act It is based on the care required of a reasonably prudent person Elements o Existence of a legal duty to use reasonable care o Failure to perform that duty o Damage or injury to the claimant o A proximate cause relationship between the negligent act and the infliction of damages which requires an unbroken chain of events compensate the victim for losses actually Compensatory damages incurred o Special damages o General damages provide compensation for medical expenses provide compensation for pain and suffering are designed to punish people and organizations so Punitive damages that others are deterred from committing the same wrongful act Res Ipsa Loquitor o The thing speaks for itself o Under this doctrine the very fact that the injury or damage occurs establishes a presumption of negligence o Three requirements must be met for res ipsa loquitur to apply The event is one that normally does not occur in the absence of negligence The defendant has exclusive control over the instrumentality causing the accident The injured party has not contributed to the accident in any way Under a contributory negligence law the injured person cannot collect damages if his or her care falls below the standard of care required for his or her protection o Under strict application of common law the injured cannot collect damages if his or her conduct contributed in any way to the injury Under a comparative negligence law the financial burden of the injury is shared by both parties according to their respective degrees of fault o Under the pure rule you can collect damages even if you are negligent but your reward is reduced in proportion to your fault o Under the 50 percent rule you cannot recover if you are 50 o Under the 51 percent rule you cannot recover if you are 51 percent or more at fault percent or more at fault Some legal defenses can defeat a claim for damages o The last clear chance rule states that a plaintiff who is endangered by his or her own negligence can still recover damages from the defendant if the defendant has a last clear chance to avoid the accident but fails to do so o Under the assumption of risk doctrine a person who understands and recognizes the danger inherent in a particular activity cannot recover damages in the event of an injury Imputed Negligence o Under certain conditions the negligence of one person can be attributed to another o Under a vicarious liability law a motorist s negligence is imputed to the vehicle s owner o Under the family purpose doctrine the owner of an auto can be held liable for negligent acts committed by family members o Under a dram shop law a business that sells liquor can be held liable for damages that may result from the sale of liquor o
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