Negligence and other torts CLU3M Unit 4 Negligence and other torts

Introduction Bill Smith has filed a lawsuit against the estate of Elvis Presley charging that the estate has been perpetrating a fraud that Elvis died in 1977. he said the fraud interferes with his attempts to sell his books on Elvis’s whereabouts Prison inmates Paul Goist and Craig Anthony filed a lawsuit against General Foods, claiming their coffee was addictive and gave them headaches and insomnia Ernesto Mota suffered brain damage from swallowing a bag of cocaine in a police station so that it could not be used against him as evidence. He is suing the police department for $7 million, claiming the police should have stopped him

Negligence Negligence is the most common and important area of Tort (wrong) law. Negligence refers to inattention, the possibility of harm, or carelessness in a task. Negligence governs almost all activities of modern society 3 key characteristics: the action is unintentional, the action is unplanned and a true injury results Anyone who carelessly injures a person or damages someone’s property should compensate the victim Car accidents, injuries to consumers by defective products, and medical/legal mal practice

The Snail in the Bottle Negligence did not exist until 1932- Donoghue v. Stevenson, 1932 May Donaghue from Paisley, Scotland began to drink her Ginger beer only to find a decomposing snail in it- the sight of which caused her various ailments She sued Stevenson, the drink manufacturer, claiming he was ‘negligent’ Donoghue won her case- we all must take reasonable care to avoid acts or omissions which could injure a neighbour

Negligence Unintentional and Intentional Torts When a person deliberately causes harm or loss by assault and battery, false imprisonment, trespassing, causing a nuisance and defaming are intentional torts

The Elements of Negligence 1. Duty of Care- you have a duty of care to people when a legal obligation has been placed upon you Your actions must never harm people or their property Every driver has a duty of care to other motorists, cyclists, and pedestrians to drive in a reasonable manner and to prevent accidents

The Elements of Negligence 2. Breach of Duty of Care- when the defendant fails to meet the expected standard of care of degree of care that an ordinary or reasonable person would use. 2a.Reasonable Person- ordinary adult who has no physical or developmental disabilities- careful, thoughtful and considerate of others The reasonable person is not the same in every situation- it is specific to the community and the circumstances of the action Jordyn drives the posted speed limit during a snowstorm and hits Becca. How would a reasonable person be expected to act? Driven slower- therefore Jordyn may be liable.

The Elements of Negligence 2b.Foreseeability- Would a reasonable person in similar circumstances have foreseen the injury to the victim as a result of their actions? Difficult concept to determine Usually courts follow the principle that defendants should not be held responsible for results of actions that could not reasonable be expected. Mitch is on his way to Bergman’s house. Mitch falls on Bergman’s icy driveway and the gun he was carrying discharges and hits Bergman’s neighbour Seth.

The Elements of Negligence 3. Causation- the plaintiff must prove that the defendant’s negligent conduct caused the plaintiff harm. There must be a direct causal connection between the defendant’s negligent act and the plaintiff’s damages Page 395- Resurfice Corp. v. Hanke

The Elements of Negligence 4. Actual Harm/Loss- the plaintiff must prove that real harm or economic loss occurred because of the defendant’s negligence

Negligence Action Formula 1. Does the defendant owe the plaintiff a duty of care? 2. did the defendant breach the standard of care? 3. did the defendant’s careless act cause the plaintiff’s injury? 4. Was there a direct connection? Was what happened foreseeable? 5. Did the plaintiff suffer actual loss?

Activity Page 397- Mustapha v. Culligan of Canada ltd. Questions 1, 2, 3 and 4