Tort Law: Negligence Civil Law Mr. DeZilva

Negligence The most common unintentional tort is negligence The most common unintentional tort is negligence Negligence  Careless confuct that causes foreseeable harm to another person Negligence  Careless confuct that causes foreseeable harm to another person You are negligent when you unintentionally cause injury to someone in a situation where you should have known your action could cause harm You are negligent when you unintentionally cause injury to someone in a situation where you should have known your action could cause harm i.e. Pushing your friend into a pool “for fun” i.e. Pushing your friend into a pool “for fun” Various cases of perceived negligence Various cases of perceived negligence

Factors in Negligence Action Stage One: “Did the defendant owe the plaintiff a duty of care?” Stage One: “Did the defendant owe the plaintiff a duty of care?” Stage Two: “Did the defendant fail to provide the plaintiff with the proper standard of care that a reasonable person would have provided in a similar situation?” Stage Two: “Did the defendant fail to provide the plaintiff with the proper standard of care that a reasonable person would have provided in a similar situation?” Stage Three: “Did the defendant’s actions (or failure to act) cause the plaintiff’s injuries?” Stage Three: “Did the defendant’s actions (or failure to act) cause the plaintiff’s injuries?”

Stage One: What is a Duty of care?  The obligation to foresee and avoid careless actions that might cause harm to others. What is a Duty of care?  The obligation to foresee and avoid careless actions that might cause harm to others. Golf drive example Golf drive example Foreseeability  the ability of a reasonable person to anticipate the consequence of an action. Foreseeability  the ability of a reasonable person to anticipate the consequence of an action. The Neighbour Principle The Neighbour Principle The legal responsibility that everyone owes a duty of care not to harm his/her neighbour by being careless or negligent. The legal responsibility that everyone owes a duty of care not to harm his/her neighbour by being careless or negligent. Your neighbour is considered anyone who you can reasonably foresee being injured by your actions (according to Donoghue v. Stevenson [1932]) Your neighbour is considered anyone who you can reasonably foresee being injured by your actions (according to Donoghue v. Stevenson [1932]) Bike on the sidewalk example Bike on the sidewalk example

Stage Two: What is Standard of Care? What is Standard of Care? The degree of caution or level of conduct expected of a reasonable person The degree of caution or level of conduct expected of a reasonable person In determining the standard of care, courts must look at what a reasonable person would have done under those circumstances In determining the standard of care, courts must look at what a reasonable person would have done under those circumstances Reasonable Person : an ordinary person of normal intelligence i.e. a reasonable person would know that driving 120 km/h on an icy road could cause an accident Reasonable Person : an ordinary person of normal intelligence i.e. a reasonable person would know that driving 120 km/h on an icy road could cause an accident

Stage Two Cont’d Professional Liability Professional Liability Those with a special set of skills have a higher standard of care other than that of a reasonable person. This is called Specialized Standard of Care Those with a special set of skills have a higher standard of care other than that of a reasonable person. This is called Specialized Standard of Care Specialized Standard of Care: the degree of caution or level of conduct considered necessary by a reasonable person with the same specialized training. Specialized Standard of Care: the degree of caution or level of conduct considered necessary by a reasonable person with the same specialized training. Doctor example Doctor example Medical Liability Medical Liability Necessary consent between medical practitioner and patient. i.e. medicinal influence example Necessary consent between medical practitioner and patient. i.e. medicinal influence example