Chapter 3 Tort LawChapter 3 Tort Law3.2 Negligence and Liability3.2 Negligence and Liability

Objectives:Objectives:

Students will define negligenceStudents will define negligence Students will explain the concepts of the Students will explain the concepts of the

reasonable person test and the proximate reasonable person test and the proximate cause.cause.

Students will explain the concept of strict Students will explain the concept of strict liability.liability.

Students will compare and contrast Students will compare and contrast negligence, strict liability, and proximate negligence, strict liability, and proximate causecause

Academic Vocab.Academic Vocab.

Reasonable-Reasonable-AdjectiveAdjective Means rational, fairMeans rational, fair

Objective-Objective-AdjectiveAdjective Means realistic, impartialMeans realistic, impartial

Foreseeable-Foreseeable-AdjectiveAdjective Means reasonably anticipatedMeans reasonably anticipated

Negligence Negligence

Negligence-is a tort that results Negligence-is a tort that results when one person carelessly when one person carelessly injures anotherinjures another

Negligence is being less careful Negligence is being less careful than a reasonable person would than a reasonable person would bebe

Elements of negligenceElements of negligence

The defendant owed the plaintiff a The defendant owed the plaintiff a duty of careduty of care Duty of care –the obligation to use a Duty of care –the obligation to use a

reasonable standard of care to prevent reasonable standard of care to prevent the injury of othersthe injury of others

The defendant breached that duty by The defendant breached that duty by being carelessbeing careless Reasonable person test Reasonable person test

Elements of negligenceElements of negligence

The defendant’s carelessness was the The defendant’s carelessness was the proximate cause of the harmproximate cause of the harm Proximate cause-exists when the link between Proximate cause-exists when the link between

the negligent conduct and the injury is strong the negligent conduct and the injury is strong enough to be recognized by the lawenough to be recognized by the law

If the injury is foreseeableIf the injury is foreseeableThe plaintiff was really hurt by the The plaintiff was really hurt by the

defendants carelessnessdefendants carelessness Actual harm has to proven, no injury no Actual harm has to proven, no injury no

negligencenegligenceAll four elements have to be proven.All four elements have to be proven.

Defenses to negligenceDefenses to negligence

Contributory Negligence- The defendant can Contributory Negligence- The defendant can show that the victim did something that show that the victim did something that helped cause his or her own injurieshelped cause his or her own injuries

Comparative Negligence-The carelessness Comparative Negligence-The carelessness of each party is compared to the of each party is compared to the carelessness of the other partycarelessness of the other party

Assumption of risk-when the plaintiff new risk Assumption of risk-when the plaintiff new risk was involved and still took the chancewas involved and still took the chance

Strict LiabilityStrict Liability

Legal doctrine that says that some Legal doctrine that says that some activities are so dangerous that liability activities are so dangerous that liability will always follow any injury that results will always follow any injury that results from those actionsfrom those actions

Risk is so great no amount of care will eliminate Risk is so great no amount of care will eliminate itit Using explosivesUsing explosives Keeping wild animals as petsKeeping wild animals as pets

Strict LiabilityStrict Liability

Product LiabilityProduct Liability Defective products are the responsibility of the Defective products are the responsibility of the

manufacturer and the seller.manufacturer and the seller. Fault does not matterFault does not matter

Limits to product liabilityLimits to product liability Doesn’t apply to seller if they don’t usually sell an Doesn’t apply to seller if they don’t usually sell an

itemitem Doesn’t apply if the only damage is done to the Doesn’t apply if the only damage is done to the

product itselfproduct itself

Tort ReformTort Reform

Survival StatutesSurvival Statutes Law suits can continue even if the parties Law suits can continue even if the parties

are deadare dead In the past the lawsuit ended with the death In the past the lawsuit ended with the death

of either partyof either party

Wrongful death StatutesWrongful death Statutes Allows relatives to bring suit after a deathAllows relatives to bring suit after a death

DiscussDiscuss

Do professionals have a higher duty of Do professionals have a higher duty of care than those who are not? Ex.care than those who are not? Ex.

A woman is having a party at her A woman is having a party at her swimming pool. What precautions would a swimming pool. What precautions would a reasonable person take?reasonable person take?

Would using a cell phone while driving be Would using a cell phone while driving be considered negligence?considered negligence?

ActivityActivity

Companies often issue product recalls Companies often issue product recalls when they discover product defects that when they discover product defects that may be potentially hazardous to may be potentially hazardous to consumers. Research recent product consumers. Research recent product recalls. Products and why they are being recalls. Products and why they are being recalledrecalled

You will then share your findings with the You will then share your findings with the class.class.