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Negligence

Part 1

QuestionAnswer
Tort A "wrong" that injures person, property, or reputation.
Negligence The failure to use such care as a reasonably prudent and careful person would use under similar circumstances.
4 Elements of Negligence 1. Duty 2. Breach of Duty 3. Proximate Cause 4. Damages
Duty An obligation recognized by law/society requiring an individual to conform to a certain standard of conduct toward another.
3 Primary Origins of Duty 1. A relationship inherent in the situation 2. A voluntary assumption of the duty 3. Mandated by statute
Foreseeability of Unreasonable Harm The duty is to protect against unreasonable harm that is foreseeable to a prudent professional.
Nature of Duty The nature of duty to protect is determined by the type of relationship.
4 Categories of Nature of Duty that are frequently set forth 1. Invitee* 2. Licensee 3. Trespasser 4. Recreational User
Invitee A person who has an express or implied invitation to enter or use another's premises.
Difference of Intentional and Unintentional Tort Unintentional Intentional <-----------------------------------------------> Negligence Reckless Disregard Assault Battery Defamation
Breach of Duty The failure to provide the standard of care required by law.
Standard of Care Was the standard of care provided? Must use reasonable person test.
Reasonable Person Test How would a reasonable person, with similar skills and knowledge, have acted under similar circumstances?
How to Answer Reasonable Person Test 1. The nature of the activity 2. The type of participants 3. The environmental conditions
2 Types of Risk 1. Inherent Risk 2. Negligent Behaviors
Inherent Risk Those risks that are integral to the activity. If you warn of risks inherent to the activity, you most likely will not be negligent for injuries resulting from the activity.
Negligent Behaviors The conduct, which is not in accord with the standard of care, a prudent professional should give. Participants do not accept the risk of negligent acts or behavior.
Proximate Cause There must be a reasonable close connection between the conduct and the resulting injury. Was the injury a reasonably foreseeable consequence of defendants conduction?
Damages There must be compensable bodily injury or emotional harm. No harm = no liability.
Compensating the Plaintiff in regard to Damages Goal of civil lawsuit = make the wronged party "whole" again. Plaintiff receives monetary compensation for their injuries.
Types of Damages 1. Compensatory 2. Punitive Damages
Compensatory Damages Relating to actual damages and losses. Examples: economic loss (wages), medical expenses, physical pain, etc.
Punitive Damages Awarded as a punishment for outrageous conduct and to deter future transgressions.
Created by: kil4261
 

 



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