Negligence and Unintentional Torts

Law in Action – Ch. 14

Tort = a civil wrong; damage to property or a personal injury caused by another person

Unintentional Torts = injuries that are the result of an accident or an action that was not intended to cause harm

Negligence = careless conduct that causes forseeable harm to another personThis is the most common unintentional tortE.g: pushing a friend into a pool – they hit

their head and have a concussion and cannot work for 2 weeks

Your actions were negligent – you should have forseen that your actions might cause an injury

In order for a defendant (person accused of causing a tort) to be found negligent, certain factors must be proven by the plaintiff (person suing for damages):

Stage 1:Plaintiff must prove that the defendant owed

the plaintiff a “duty of care” – an obligation to avoid careless actions that could cause harm

Neighbour principle – owing a duty of care not to harm his/her neighbour by being careless/negligent

Foreseeability – the ability of a reasonable person to anticipate the consequences of their actions

Stage 2:If the court decides the defendant owed the

plaintiff a duty of care, it must decide how much was owed

The court must also decide a “standard of care” – what is the degree of caution expected of a reasonable person?

Is there a specialized standard of care? Those with special skills, training, expertiseE.g: engineers, lawyers – “professional

liability”Medical practitioners cannot work on patients

without their consent – must be “informed” & no pressure

Must disclose procedures or “medical negligence”

**Children have a special status under the law – they can be held responsible for damages they cause…but the court recognizes they do not necessarily have the wisdom or experience to foresee how actions might cause injuriesThey have a different “standard of care” than

adultsParents CAN be held liable for negligence if

they do not supervise or train their kidsParents often have liability insuranceON and MB have laws that hold parents

responsible for torts caused by their kids

Stage 3:A plaintiff must prove that the defendants actions

actually caused the injuries/loss sufferedCause in fact – if an injury would not have happened

“but for” the defendants actions Connection between action & injury

Remoteness of damage – harm that could not have been foreseen by the defendant No connection between action & injury

Intervening act – an event that interrupts the chain of events begun by the defendant – this changes liability

Thin skull rule – the defendant is liable for damages caused by negligence even if there was a pre-existing condition that made the plaintiff more prone to injury

Special Types of Liability:Product liability- negligence on the part of

manufacturersOccupier’s liability – responsibility of owners/renters to

ensure no one is injured on their propertymust not be “allurements” on your property!

Hosts – people who serve alcohol have a duty of care to guests

Vicarious liability – employers responsib. for employeesAutomobile negligence – torts caused by traffic accidents

Read p. 381-383 – “Defences to Negligence” on your own…