4Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Negligence and Strict Liability Section 4.2

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts A person can commit an unintentional tort, when he or she acts in a careless manner that results in an injury to a person, damage to property, or both. Negligence and strict liability are unintentional torts. Unintentional Torts

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts 4.2 Intentional and Unintentional Torts Intentional Torts Examples When a person commits a wrong against another and knows and desires the consequences of his or her act. Assault and Battery Trespass False imprisonment Unintentional Torts Examples Negligence Strict liability When acting in a careless manner causes damage or injury. Torts

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts Negligence is an accidental or unintentional tort resulting from the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances. Unintentional Torts

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts Strict liability is the doctrine that states that people engaged in ultrahazardous activities will be held liable, regardless of how careful they were and regardless of their intent. Unintentional Torts

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts Is an accidental or unintentional tort. Is the tort that most often occurs in society today. Negligence

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts Duty of care Breach of duty Proximate cause Actual harm Elements of Negligence

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts All of us have a duty not to violate certain rights of others. The plaintiff must demonstrate that the defendant owed him or her duty of care. Duty of Care

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts Julia was injured while diving at a public pool. The injury could have been avoided if the diving board had a guardrail. Julia sued the state’s Department of Health. Example of Duty of Care

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts The court ruled the Department of Health had a duty to the state’s sanitary code, not a duty to inspect for safety problems. The Department of Health had no duty to Julia. Example of Duty of Care

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts Breach of duty is the failure to use the degree of care that a reasonable person would exercise in that same situation. The words “reasonable person” must be used when instructing the jurors. Breach of Duty

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts Proximate cause is the legal connection between unreasonable conduct and the resulting harm. Without proximate cause, the result would not have occurred. Proximate Cause

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts The essence of any tort suit is a violation of a duty that results in injury to the plaintiff. The plaintiff must have actually suffered physical injury, property damage, or financial loss. Actual Harm

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts Contributory negligence Comparative negligence Assumption of risk Defenses to Negligence

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts Behavior by the plaintiff that helps cause his or her injuries may be considered contributory negligence. Contributory Negligence

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts The negligence of each party is compared under the doctrine of comparative negligence, and the amount of the plaintiff’s recovery is reduced by the percent of his or her negligence. Comparative Negligence

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts If the defendant can show the plaintiff knew of the risk involved and still took the chance of being injured, he or she may claim assumption of risk. Assumption of Risk

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts Strict Liability Some activities are so dangerous that the law will apply neither the principles of negligence nor the rules of intentional torts to them.

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts Strict Liability According to strict liability, if these activities injure someone or damage property, the people engaged in the activities will be held liable, regardless of how careful they were and regardless of their intent.

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts Product Liability The responsibility of a manufacturer or vendor of goods to compensate for injury caused by defective merchandise that it has provided for sale.The responsibility of a manufacturer or vendor of goods to compensate for injury caused by defective merchandise that it has provided for sale. When individuals are harmed by an unsafe product, they may have a lawsuit against the persons who designed, manufactured, sold, or furnished that product.When individuals are harmed by an unsafe product, they may have a lawsuit against the persons who designed, manufactured, sold, or furnished that product.

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts Statute of Limitations A law which places a time limit on pursuing a legal remedy in relation to wrongful conduct. A law which places a time limit on pursuing a legal remedy in relation to wrongful conduct. Colorado Statute of Limitations Laws Type of Claim:Statute of Limitation: Negligence (car accidents, slip and fall, toxic torts, etc.) 2 years (3 years if w/motor vehicle) Assault or Battery1 year Defamation1 year Strict Liability2 years Products Liability2 years Wrongful Death2 years