Negligence

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CHAPTER 7
Negligence And Strict Liability
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NEGLIGENCE

• CONDUCT THAT INVOLVES AN UNREASONABLY GREAT
  RISK OF HARM THAT FALLS BELOW THE STANDARD OF
  CARE THE LAW ESTABLISHES FOR THE PROTECTION OF
  OTHERS.

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To win a negligence case, the plaintiff must
prove that the defendant failed in five areas

• 1. Duty of due care
• 2. Breach
• 3. Factual cause.
• 4. Foreseeable harm
• 5. Injury

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DUTY OF DUE CARE

• If a defendant could have foreseen injury to a
  particular person, she has a duty to him.
• In general, the common law does not require a
  bystander to assist a person in danger.
• There are special rules for liability of
  landowners.

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DUTY OF LANDOWNERS

• FOUR LEVELS OF DUTY
• To Trespassers
• To Children
• To Licensees
• To Invitees

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BREACH OF DUTY
A defendant breaches his duty of due care by
failing to behave the way a reasonable person
would under similar circumstances.
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NEGLIGENCE PER SE

• Where the legislature determines that
  violation of certain standards creates a breach
  of duty

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FACTUAL CAUSE
The defendants breach of duty ultimately led to
the injury
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FORESEEABLE HARM

• To be liable, the harm must have been
  foreseeable

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Ex Factual Cause Foreseeable Harm
Mechanic fails to fix customers brakes, which
causes...
Mechanic fails to fix customers brakes, which
causes...
Mechanic fails to fix customers brakes, which
causes...
Car accident, car hitting bicyclist
Mechanic is liable to cyclist
Factual cause and foreseeable type of injury
Factual cause, but no foreseeable type of injury
Car accident, car hitting bicyclist
Noise from accident startles someone who falls
out a window
Mechanic is NOT liable for falling person
Car accident, car does not hit bicyclist
Mechanic is NOT liable to cyclist
Bicyclist hits pothole and crashes
No factual cause
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INJURY
Plaintiff must show genuine injury
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To win a negligence case, the plaintiff must
prove that the defendant failed in five areas

• 1. Duty of due care
• 2. Breach
• 3. Factual cause.
• 4. Foreseeable harm
• 5. Injury

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STRICT LIABILITY
Some activities are so dangerous that the law
imposes a high burden on them. This is called
strict liability.
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RES IPSA LOQUITOR

• The cause of the injury speaks for itself

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PRODUCT LIABILITY

• If a product is defective, the law holds the
  manufacturer liable

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NEGLIGENCE THEORIES

• Contributory Negligence

• Comparative Negligence

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MORE DEFINITIONS

• Proximate cause
• Deep pocket theory

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DEFENSES

• Assumption of risk
• Express assumption of risk
• Implied assumption of risk