Tort Law – Unintentional Torts

Negligence Action was unintentional Action was unintentional It is planned It is planned Injury occurs Injury occurs anyone who carelessly injures another should compensate victim anyone who carelessly injures another should compensate victim

Elements A Car A Store A Hospital A Law Office Plaintiff is owed a duty of care Duty to avoid accidents Duty to ensure store is safe Duty to provide competent treatment Duty to provide competent legal advice Defendant breached duty of care Drove unsafely; went through a red light Failed to clean up water spilled on floor Amputated the wrong limb Gave faulty legal advice; client lost right to sue Plaintiff suffered resulting harm or loss Plaintiff and/or plaintiff’s car suffered damage Plaintiff slipped on mess and broke his hip Plaintiff endured unnecessary pain and suffering Plaintiff lost money arising from potentially successful lawsuit

Duty of Care – plaintiff must show defendant owed a duty of care Duty of Care – plaintiff must show defendant owed a duty of care Once D of C has been establishedOnce D of C has been established Must determine what Standard of Care is expected Must determine what Standard of Care is expected Based on Reasonable Person:Based on Reasonable Person: image of someone who has neither physical or psychological defects and who people agree is careful, thoughtful and considerate of others image of someone who has neither physical or psychological defects and who people agree is careful, thoughtful and considerate of others this person is different depending of region – Prince George, Langley, DES this person is different depending of region – Prince George, Langley, DES Foreseeability Foreseeability would the “reasonable person”, put in the same circumstance have been able to foresee the injury/consequence?would the “reasonable person”, put in the same circumstance have been able to foresee the injury/consequence?

Causation defendants actions/acts caused the plaintiffs injurydefendants actions/acts caused the plaintiffs injury how direct the action was a cause of the injury would determine the level of negligence and therefore compensationhow direct the action was a cause of the injury would determine the level of negligence and therefore compensation Burden of Proof on the plaintiffon the plaintiff Defenses – burden is on the defendant to prove Contributory NegligenceContributory Negligence Both parties are liable/negligent to some degree Both parties are liable/negligent to some degree Burden switches to defendant Burden switches to defendant Voluntary Assumption of Risk Voluntary Assumption of Risk Defendant must prove the plaintiff clearly knew the risk and therefore assumes liabilityDefendant must prove the plaintiff clearly knew the risk and therefore assumes liability Watching/playing in Hockey games, baseball games Watching/playing in Hockey games, baseball games Must be ordinary risk of game Must be ordinary risk of game

Special Types of Negligence Occupier’s Liability Enter property of anotherEnter property of another Occupier (owner) must keep it safe Occupier (owner) must keep it safe Keep sidewalks/stairs free of snow/ice (neighbour principle) Keep sidewalks/stairs free of snow/ice (neighbour principle) Floors dry/free of obstacles Floors dry/free of obstacles InviteesInvitees People are on property for a purpose other than a social visit – highest standard of care People are on property for a purpose other than a social visit – highest standard of care School students, customers, delivery person, service person School students, customers, delivery person, service person LicenseeLicensee Have implied permission to enter Have implied permission to enter friend for dinner and there for social reasons and not businessfriend for dinner and there for social reasons and not business TresspasserTresspasser Without person or without legal right to be there Without person or without legal right to be there Cannot set traps or cause deliberate harm to them Cannot set traps or cause deliberate harm to them Only use as much force as necessary to remove them Only use as much force as necessary to remove them **commercial and social hosts – bar, restaurant, private parties – hosts are becoming liable for drunkenness and actions of intoxicated people** **commercial and social hosts – bar, restaurant, private parties – hosts are becoming liable for drunkenness and actions of intoxicated people**

Motor Vehicle Motor Vehicle Driver is liable for passengersDriver is liable for passengers Passengers who willingly get in car with driver who is intoxicated are said to be voluntarily assuming risk and therefore have no grounds for claim Passengers who willingly get in car with driver who is intoxicated are said to be voluntarily assuming risk and therefore have no grounds for claim Seatbelts – precedent has been set = “contributory negligence” if you do not buckle up Seatbelts – precedent has been set = “contributory negligence” if you do not buckle up Vicarious Liability Vicarious Liability Substitute LiabilitySubstitute Liability Based on the assumption that owners of vehicles have a duty of care to society to lend their vehicles only to individuals who are competent to drive them safely Based on the assumption that owners of vehicles have a duty of care to society to lend their vehicles only to individuals who are competent to drive them safely Owners to be careful when lending vehiclesOwners to be careful when lending vehicles Provincial statutes place liability on driver and owner = owner is liable for negligence of the driver when permission is given for use of carProvincial statutes place liability on driver and owner = owner is liable for negligence of the driver when permission is given for use of car professional negligence professional negligence medical negligence medical negligence need informed consentneed informed consent doctors need to fully inform patient of risks doctors need to fully inform patient of risks Statute of Limitations: must make a claim within 2 years of original injury Statute of Limitations: must make a claim within 2 years of original injury