C H A P T E R 1 Negligence Chapter 1 Negligence

Three Types of Law Legislated law Regulatory law Common law That passed by legislatures (federal, state, local) Regulatory law That passed by regulatory agencies (e.g., health department) Common law That created by precedence of the courts

Court System Criminal court Civil court Brought by the state Defendant is sentenced to jail, fined, and so on Beyond a shadow of a doubt Civil court Brought by another citizen Defendant pays damages By a preponderance of the evidence (continued)

Court System (continued) Federal court Federal laws Issues that cross state lines Issues that have significant costs State court State laws

Negligence Part of tort law: Wrongdoing that leads to injury Negligence: An unintentional tort State law The failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation

Elements of Negligence Duty: Relationship Breach of standard of care: What a normal, prudent person would do in the same or similar circumstances Damage: Injury, damage, or loss (must be in terms of money) Proximate cause: Connection between breach and damage; shows that the breach caused the damage

Types of Breaches Nonfeasance: Not doing something that one should have done, which results in injury Misfeasance: Accidently creating an injury Malfeasance: Intentionally doing something that causes an injury

Standard of Care Industry standard: What should be done, as identified by an association American Camping Association Law or regulation: A requirement that something be done a certain way Health department Certifications, licenses, and so on Red Cross Lifeguarding

Levels of Negligence Ordinary: What an ordinary, prudent person (a perfect person) would or would not do in the same or similar circumstances Gross: What a reckless person would or would not do in the same or similar circumstances Willful and wanton: What a person does on purpose or with complete disregard for another

Learn Standard of Care Become certified, qualified, licensed Learn the industry standards Join trade organizations Attend conferences and training sessions Read the literature Keep training and adding experience

Types of Supervision General: Overseeing the activity and all participants Specific: One-on-one, direct involvement with a participant Transitional: Moving from general to specific or specific to general; no supervision is occurring

Components of Supervision Placement and ratio of supervisors Understanding the activity Qualifications (training and experience) First aid and rescue abilities Special training for the activity

Conduct of Activity Adequacy of progression Maturity and condition of participants Psychological (e.g., fear) Physical (e.g., tired, hungry, thirsty, injured) Mental (e.g., understanding of the activity) Safety equipment and environmental conditions

Respondeat Superior Holds the employer liable for the acts of the employee The employer should hire qualified staff. The employer should train staff. The employer should be aware of what employee is doing. Must be within the scope of his duty Ultra vires act: An act outside the scope of duty

Foreseeability Should the supervisor have been able to predict the probability that an accident would occur? Anticipate Prepare Prevent

Summary Four components of negligence Duty Breach of standard of care Proximate cause Injury, damage, or loss All four components must be present for negligence to occur.