B_LAW 210 1st Edition Lecture 6 Outline of Last Lecture 1. Basis of Tort Law:2. Intentional Torts Against Persons3. Business Torts4. Intentional Torts Against PropertyOutline of Current Lecture I. Negligencea. Defenses of Negligenceb. Professional Dutiesc. Res Ipsa LoquiterCurrent Lecture*Negligence:1. Duty of Care: (Owed by Tortfeasor)a. EX: As a driver, who do you owe a duty of care to?i. Others on the roadii. Passengers in the vehicleiii. Pedestrians walking b. EX: As a landlord, who do you owe a duty of care to?- Must not create unreasonable risk of harm.i. Residents in the buildingii. Employees working at the apartments2. Breach of Duty: (Reasonable Person Standard)a. EX: While walking through a grocery store, you slip on water on the ground (with cones surrounding it) and fall and break your elbow.i. The grocery store is not liable because you missed/ignored the warning.b. EX: In line at the grocery store, a toddler spills water on the ground in front of you and walking up to the check out, you slip and fall.i. Because of time between the spill and your fall, the store is not liable.ii. If it was two hours, the store would be liable.3. Causation:a. In Fact: “Was it the cause, IN FACT”  “But for”These 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.i. If the water was cleaned up, would the plaintiff still break their arm?- Probably not: Water  Broken Armb. Proximate Cause: “Is the injury foreseeable (reasonably)”i. If a man loses his backpack (full of fireworks) while jumping on a train anda women gets injured 25 yds. from the blast of the dropped backpack, is the train company liable because of negligence?- No, because the injury/accident was NOT foreseeable.4. Injurya. If there is no injury, there is no negligence.*Defenses of Negligence:- Comparative Negligence- Assumption of Risko EX: A woman was hit at a baseball game during the batting practice with a foul ball; is the baseball park liable for Negligence? No, because she walked down to be closer and assumed the risk that came with getting closer to the batting practice.*What duties do professionals have?- Negligence for professionals  Malpractice.- EX: Doctor makes an error and seriously injures you during a surgery. When you bring forth a case, the judge/jury will decide if a REASONABLE doctor would have acted in the same way. If yes, no case. If no, doctor is charged with MALPRACTICE.*Res Ipsa Loquiter: “Let it speak for itself”- EX: After an emergency surgery to get your appendix out, a few days later, you notice your hips are swelling and upon returning to the hospital, it’s discovered that a scalpel has been left in your body and is infected.- Because you don’t know WHO SPECIFICALLY left the scalpel, it’s hard to prove negligence; but SOMEONE is obviously liable of negligence. o EX: Man is walking down a street near a barrel factory. Suddenly, a barrel falls and kills the man walking. The estate sues, but has a hard time proving WHO was responsible.o The court decides that the barrel company is liable for negligence, because barrels don’t just fall out of windows on their own, if they are properly secured and taken account