Negligence

The Unintentional Tort (The most common civil action)

Negligence

Negligence

Intent VersusCarelessness

”I didn’t mean to do that!”

A. when somebody does not exercise the amount of care that a reasonably careful person would use under the

circumstances; or when somebody does something that a

reasonably careful person would not do under the circumstances

II. Negligence

B. 4 Required Elements

1.Duty - defendant owed a duty of care to the plaintiff

2. Breach of duty– The Defendant’s conduct breached or violated the duty

3. Cause – defendant’s conduct caused the plaintiff’s harm.

4. Damages – The plaintiff suffered actual injuries or losses

What do you need to What do you need to prove Negligence?prove Negligence?

1. Duty1. Duty2. Breach of Duty2. Breach of Duty3. Causation3. Causation4. Damages4. Damages

Negligence: DUTY

defendant owed a duty

of care to the

plaintiff

Negligence DUTYExamples of Duties for a school:• Proper Instruction• Access to Medical Care•• Safe Facilities• Appropriate Supervision• Avoid mismatched opponents• Teach safety procedures

Negligence DUTY

?Can a duty be transferredto someone else?

Negligence DUTY

?No. If you owe a duty, that duty may belong to someone else too, but it will always belong to you.

Negligence DUTY

?Example: The facilities are dangerous. A store has a duty to provide safe facilities. If customers shop in dangerous facilitiesand someone is hurt - the storemay be liable for negligence.

Negligence DUTY

?The corporation may also owe aduty to provide safe facilities. So if your store is a dangerous facilityand someone is hurt thereby,they may be liable for negligence.

4Required Elements

Negligence

DutyBreachCauseHarm

Negligence

Breach =

Failure to meet the standard of Care

BREACH

Negligence BREACH

How is the standard of care determined?

How good do I have to be?

Negligence BREACH

The standard changes based On things such as:

• Participant’s age, preparation• Dangerousness of activity, etc.

How good do I have to be?

Negligence BREACHHow is the standard

determined?•Expert testimony•Professional standards•Reasonable, careful and

up to date information

Negligence BREACH

How is the standard determined?

What would thePrudent, reasonable,Up-to-date store have done?

Negligence BREACH

Prudent, reasonable,Up-to-date _ _ _ _ _

The standard is set by the the role of the

defendant

Store, manager, corporation

Negligence BREACH

If a store followsUp to date guidelines,are they safe from negligence claims?

?

Negligence BREACH

Not necessarily.It must still act as would a reasonable, prudent, up-to-date_ _ _ _ _ _ _ would.

If the guidelines are bad,following them may be bad.

?Store or corporation

4Required Elements

Negligence Cause

DutyBreachCauseHarm

Negligence CauseThe breach must be the cause of the harm. Not all breaches cause harm.

Negligence Cause

A customer is hurt becauseOf dangerous equipment.

Are they negligent?

?

Negligence Cause

If the dangerous facility was the CAUSE.

Yes

?

4Required Elements

Negligence Harm

DutyBreachCauseHarm

Negligence HarmIn most jurisdictions, the harm must be physical.

Solely psychological oremotional harm is generally not sufficient for a claim of negligence.

Negligence Harm The store breached a duty but the customer was only scared, not injured.

Can the store be found negligent because the customer was scared?

?

Negligence Harm No.

Physical harm must exist In order to find negligence.

No Harm, No Foul

?

What 4 elements must be What 4 elements must be proven in a negligent proven in a negligent

tort and what are they?tort and what are they?

Talk about the Talk about the answeranswer

in your groupsin your groups

Negligence

Gross Negligence=

• Reckless disregard• Shocking behavior

Negligence

Gross Negligence• Insurance is NOT available

if grossly negligent.

Negligenceliability fornegligence may existeven if you are not actively involved.

Negligence

• Store manager

• Cashier

Write 3 examples of Write 3 examples of negligence. Make sure negligence. Make sure that all 4 components that all 4 components

are included.are included.