1 / 28

Negligence

Negligence. Chapter 8. Objectives. Define and identify elements of negligence. Explain concepts: Duty Standard of care Breach Damages and proximate cause. Objectives. Explain what the standard of care is for professionals and those with specialized training.

rosalind-xalmiento
Télécharger la présentation

Negligence

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Negligence Chapter 8

  2. Objectives • Define and identify elements of negligence. • Explain concepts: • Duty • Standard of care • Breach • Damages and proximate cause

  3. Objectives • Explain what the standard of care is for professionals and those with specialized training. • Identify types of evidence that can be used to establish the standard of care for a professional.

  4. Objectives • Explain defenses to negligence: • Assumption of risk • Contributory negligence • Comparative negligence • Last clear chance doctrine • Rescue doctrine

  5. Objectives • Explain Fireman’s Rule. • Define gross negligence and recklessness. • Explain joint and several liability. • Identify common types of activities for which strict liability is imposed.

  6. Negligence • Many definitions exist • Our definition • Failure to exercise the care that the reasonably prudent person would have exercised under the circumstances, which causes damages to another

  7. Elements of Negligence • Three elements • Act/omission • Causing damages to another • Breach of the standard of care

  8. Act • Act • Doing an affirmative act • Driving a car • Performing CPR • Extinguishing a fire

  9. Omission • Omission • Failure to do something you are legally required to do • Concept of legal duty • At common law • No duty to act even if someone is in trouble

  10. Damages • Damages • Personal injury, property damage, or money lost • Damages do not include: • Hurt feelings or being wronged in principle

  11. Causation • Damages must be caused by defendant’s negligence • Proximate cause = legal cause • Requires more than “but for” cause

  12. Breach of the Standard of Care • Act or omission must have failed to live up to the reasonably prudent person standard • Standard of care • Who or what is the reasonably prudent person?

  13. Reasonably Prudent Person • An imaginary common person who is very careful • "When a person, acting in a given set of circumstances, fails to exercise that degree of care for the safety of another which a reasonably prudent person would have exercised in the same or similar circumstances, said person is said to be negligent.“ Rhode Island Supreme Court

  14. Reasonably Prudent Person • Standard works for normal daily activities that all people are familiar with • Driving a car • Cooking a meal

  15. Reasonably Prudent Professional • Reasonably prudent professional standard • To evaluate those with special knowledge or expertise • Standard of care expected of someone with professional qualifications

  16. Reasonably Prudent Professional • Standard of care is a question of fact for the jury • Evidence of standard of care comes from • Expert witnesses • Laws and regulations • Industrywide standards

  17. Fire Service Negligence Cases • Kenavan v. New York • McGuckin v. Chicago • Harry Stroller v. City of Lowell

  18. Emergency Medical Care and Negligence • Consent to treat, battery, and negligence • Patient abandonment

  19. Defenses to Negligence • Contributory negligence • Assumption of the risk • Comparative negligence • Last clear chance • Rescue doctrine

  20. Fireman’s Rule • An exception to the rescue doctrine • Bars suits by firefighters and police officers for injuries sustained at emergencies • States have differing applications

  21. Fireman’s Rule Modern Limitations • Injured firefighters may sue if: • Defendant intentionally set fire • Owner or tenant was reckless or grossly negligent in starting fire • Occupant failed to warn FFs of a dangerous condition

  22. Strict Liability • Liability without regard to fault • Unreasonably dangerous activities • Most common • Explosives • Wild and dangerous animals • Nuclear reactors

  23. Strict Liability • Even intentional conduct of others will not stop liability • Economics • Damages or risk of harm must be incorporated into the price as a cost of doing business

  24. Strict Liability • Cost can be spread among users, as opposed to being borne solely by victims • Further incentive for involved parties to exercise utmost care

  25. Respondeat Superior • Employer is liable for acts of employee committed within scope of employment • Respondeat superior does not require negligence by employer • Employee wrongdoing must be within scope of employment

  26. Joint Liability • If the negligence of two or more parties causes damages to a plaintiff • Each is liable to plaintiff for 100 percent of damages • Defendants can later recover from each other a pro-rata share based upon fault

  27. Summary • Definition of negligence • Defenses to negligence • Fireman’s Rule • Gross negligence and recklessness

  28. Summary • Strict liability • Respondeat superior • Joint and several liability

More Related