How to defend yourself against a negligence lawsuit

1. How to defend yourself against a negligence lawsuit (about 25 slides)

2. How to defend yourself against a negligence lawsuit What can you do if someone sues you claiming you were negligent?

3. How to defend yourself against a negligence lawsuit Just disprove any of the four elements. Show that plaintiff is at least partially at fault. (comparative negligence) Show that the plaintiff knew they might be injured. (assumption of risk)

4. Defenses to a negligence lawsuit1. Just disprove any of the elements.

5. 1. Just disprove any of the elements. • Duty of care • Breach of duty • Proximate cause • Actual harm

6. 1. Just disprove any of the elements. • Duty of care—It wasn’t my responsibility to be careful (you’re suing the wrong person)

7. 1. Just disprove any of the elements. • Duty of care—It wasn’t my responsibility to be careful (you’re suing the wrong person) • Breach of duty—I acted as a reasonable person would

8. 1. Just disprove any of the elements. • Duty of care—It wasn’t my responsibility to be careful (you’re suing the wrong person) • Breach of duty—I acted as a reasonable person would • Proximate cause—I was not the cause of their harm

9. 1. Just disprove any of the elements. • Duty of care—It wasn’t my responsibility to be careful (you’re suing the wrong person) • Breach of duty—I acted as a reasonable person would • Proximate cause—I was not the cause of their harm • Actual harm—They have no damages

10. How to defend yourself against a negligence lawsuit Just disprove any of the four elements. Show that plaintiff is at least partially at fault. (comparative negligence) Show that the plaintiff knew they might be injured. (assumption of risk)

11. Defenses to a negligence lawsuit 2. Comparative Negligence

12. 2. Comparative Negligence ComparativeNegligence means the defendant does not have to pay 100% of the damages if the plaintiff was at least partially at fault for his own damages. She crashed into me! He was going the wrong way down the street!

13. 2. Comparative Negligence California law uses the idea of “pure comparative negligence”.

14. 2. Comparative Negligence California law uses the idea of “pure comparative negligence”. 12 other states do also.

17. PURE COMPARATIVE NEGLIGENCE means means you cannot collect if you were 100% responsible for your own injury.

18. 50% BAR means you cannot collect if you were 50% or more responsible for your own injury.

19. 51% BAR means you cannot collect if you were 51% or more responsible for your own injury.

20. PURE CONTRIBUTORY NEGLIGENCE means you cannot collect if you were above 0% responsible for your own injury.

21. PURE COMPARATIVE NEGLIGENCE means means you cannot collect if you were 100% responsible for your injury. 50% BAR means you cannot collect if you were 50% or more responsible for your injury. 51% BAR means you cannot collect if you were 51% or more responsible for your injury. PURE CONTRIBUTORY NEGLIGENCE means you cannot collect if you were above 0% responsible for your injury.

22. 2. Comparative Negligence In California, if the judge or jury finds that the defendant was only 1% at fault, Pure ComparativeNegligence says the defendant has to pay 1% of the damages.

23. How to defend yourself against a negligence lawsuit Just disprove any of the four elements. Show that plaintiff is at least partially at fault. (comparative negligence) Show that the plaintiff knew they might be injured. (assumption of risk)

24. Defenses to a negligence lawsuit 3. Assumption of Risk

25. 3. Assumption of Risk If you fall out of a properly working ski lift and sue the ski resort for negligence, they may defend themselves with your “assumption of risk”—you knew it was risky when you got on.

26. 3. Assumption of Risk If you get hit in the head by a foul ball at a baseball game and sue the team for negligence, they may defend themselves with your “assumption of risk”—you knew it was risky when you bought the ticket.

27. 3. Assumption of Risk If you tour a cave and a rock falls off the ceiling and hurts you, you may sue the cave operator for negligence but they may defend themselves with your “assumption of risk”—you knew it was risky when you went in.

28. 3. Assumption of Risk If you go skydiving and are hurt, you may sue the skydiving company for negligence but they may defend themselves with your “assumption of risk”—you knew it was risky when you got into the plane.

29. 3. Assumption of Risk If you buy courtside seats at a professional basketball game and a giant player falls into you and hurts you, you may sue the basketball team for negligence but they may defend themselves with your “assumption of risk”—you knew it was risky when you sat in the seat. Let’s watch…

30. http://www.youtube.com/watch?v=qPZTyucTTrg

31. 3 defenses to negligence Disproveany of the 4 elements of negligence. Claim comparative negligence—reduce what you have to pay by the amount the plaintiff is responsible. Assert the plaintiff’s assumption of risk—the plaintiff knew something like this could happen.

32. Review How to defend yourself against a negligence lawsuit: Just disprove any of the four elements. Show that plaintiff is at least partially at fault (comparative negligence) Show that the plaintiff knew they might be injured (assumption of risk)