Tort Law: NegligenceTort Law: NegligenceCivil LawCivil LawMr. DeZilvaMr. DeZilva

NegligenceNegligence

The most common The most common unintentional tortunintentional tort is is negligencenegligence Negligence Negligence Careless confuct that causes Careless confuct that causes

foreseeable harm to another personforeseeable harm to another person

You are negligent when you unintentionally You are negligent when you unintentionally cause injury to someone in a situation where cause injury to someone in a situation where you should have known your action you should have known your action couldcould cause harmcause harm i.e. Pushing your friend into a pool “for fun” i.e. Pushing your friend into a pool “for fun” Various cases of Various cases of perceivedperceived negligence negligence

Factors in Negligence Factors in Negligence ActionAction

Stage One: “Did the defendant owe the Stage One: “Did the defendant owe the plaintiff a duty of care?”plaintiff a duty of care?”

Stage Two: “Did the defendant fail to provide Stage Two: “Did the defendant fail to provide the plaintiff with the proper standard of care the plaintiff with the proper standard of care that a reasonable person would have that a reasonable person would have provided in a similar situation?” provided in a similar situation?”

Stage Three: “Did the defendant’s actions (or Stage Three: “Did the defendant’s actions (or failure to act) cause the plaintiff’s injuries?”failure to act) cause the plaintiff’s injuries?”

Stage One:Stage One:

What is a What is a Duty of care?Duty of care? The obligation to foresee and avoid careless actions The obligation to foresee and avoid careless actions that might cause harm to others.that might cause harm to others.

Golf drive exampleGolf drive example

Foreseeability Foreseeability the ability of a reasonable person to the ability of a reasonable person to anticipate the consequence of an action.anticipate the consequence of an action.

The Neighbour PrincipleThe Neighbour Principle The legal responsibility that everyone owes a duty of The legal responsibility that everyone owes a duty of

care not to harm his/her neighbour by being careless or care not to harm his/her neighbour by being careless or negligent.negligent.

Your neighbour is considered anyone who you can Your neighbour is considered anyone who you can reasonably foresee being injured by your actions reasonably foresee being injured by your actions (according to (according to Donoghue v. Stevenson [1932])Donoghue v. Stevenson [1932]) Bike on the sidewalk exampleBike on the sidewalk example

Stage Two:Stage Two:

What is Standard of Care?What is Standard of Care? The degree of caution or level of conduct The degree of caution or level of conduct

expected of a reasonable personexpected of a reasonable person In determining the standard of care, courts In determining the standard of care, courts

must look at what a must look at what a reasonable personreasonable person would would have done under those circumstanceshave done under those circumstances Reasonable PersonReasonable Person: an ordinary person of normal : an ordinary person of normal

intelligence i.e. a reasonable person would know intelligence i.e. a reasonable person would know that driving 120 km/h on an icy road could cause that driving 120 km/h on an icy road could cause an accidentan accident

Stage Two Cont’dStage Two Cont’d

Professional LiabilityProfessional Liability Those with a special set of skills have a higher Those with a special set of skills have a higher

standard of care other than that of a reasonable standard of care other than that of a reasonable person. This is called person. This is called Specialized Standard of Specialized Standard of CareCare Specialized Standard of Care:Specialized Standard of Care: the degree of the degree of

caution or level of conduct considered necessary caution or level of conduct considered necessary by a reasonable person with the same specialized by a reasonable person with the same specialized training.training. Doctor exampleDoctor example

Medical LiabilityMedical Liability Necessary consent between medical practitioner Necessary consent between medical practitioner

and patient. i.e. medicinal influence exampleand patient. i.e. medicinal influence example