Chapter 19

ObjectiveAt the Conclusion of this lesson students will be able to:Define negligence and its elementsUse these elements to analyze cases of negligenceUse these elements to create scenarios of negligence

Do NowDefine Negligence

Read “The case of the college prank” on page 247 and answer the question.

Elements of NegligenceDuty: The defendant, or wrongdoer, owed a

duty of care to the plaintiff, or injured person.Breach of Duty: That duty was violated, or

breached, by the defendant's conduct.Causation: The defendant’s conduct caused

the plaintiff’s harm.Damages: The plaintiff’s suffered actual

damages.

Duty and BreachDuty:Duty is the legal expectation to exercise reasonable care toward other persons and their property.

Ex: An ambulance driver has a duty not only to the patient he/she is transporting, but also a duty to the other motorist on the road.

Breach:When a person fails to take reasonable actions towards the care of other persons and their property

Ex: An ambulance driver blows through a red traffic light with the lights on and sirens blaring, the ambulance hits a car in the intersection who did not see or hear the ambulance. Did the ambulance driver commit a breach of duty?

Reasonable Person StandardHow the community expects its members to actLaw assumes reasonable people do not break the

lawProfessionals are considered to have the abilities

of a higher standard.

MinorsStandard is different from adults Law compares minors conduct for others of the same

use, intelligence and experience

Causation Cause in Fact

If harm would not occurred without the wrongful act

Proximate Cause There must be a close connection between

the wrongful act and the harm caused Harm caused must have been foreseeable

result of the act or acts

DamagesAfter Duty, Breach, and Causation are proved

damages also must be proved

Recover from: Hospital bills, lost wages, damages to property, reduced future earnings, pain and suffering, mental distress, permanent physical harm

Defenses to negligence suit Contributory Negligence:

Eliminated in most states Plaintiff can’t recover if his/her own negligence

contributed to the harm suffered Comparative Negligence:

Available in most states Dividing losses to the degree which each person is at

fault Counterclaim

Claim made by defendants against the plaintiff Assumption of risk

Person encounters known danger and decides to accept the risk of the danger Ex: Foul ball

Assessment Students will put in groups of two with one group of three if

necessary. Each group will be given a random subject and must create a scenario in which negligence could occur. The other students will determine if the created scenario is negligence or not. EX. Subject: Sidewalk Scenario: Huge crack causes fall.

Students will be shown a clip from the popular cartoon “The Simpsons” at the end of the clip students will be asked to analyze the clip using the four elements of negligence to determine if the main character Homer Simpson would have a negligence case.

http://www.myspace.com/video/the-simpsons/poison-blowfish-sushi/42224117

Homework:Read “The case of AIDS Liability” on page 243 and answer the

question.

Works CitedButkute, Ieva. Negligence Elements — Simpsons Episode. Seattle: University of Washington School of Law, 27 June 2010. Word Document.

O'Brien, Edward L., J.D. "Negligence." Street Law: A Course in Practical Law. By Lee P. Arbetman, M.Ed., J.D. 6th ed. Lincolnwood: National Textbook, 1999. 238-51. Print.

The Simpsons. Dir. Wesley Archer. Perf. Dan Castellaneta, Julie Kavner, Nancy Cartwright, Yeardley Smith,. Myspace. N.p., n.d. Web. 5 Feb. 2013. <http://www.myspace.com/video/the-simpsons/poison-blowfish-sushi/42224117>.

Forte, Mike. Street Law Ch 19 Negligence. N.p.: n.p., n.d. PPT.