Chapter 19

Objective At the Conclusion of this lesson students will be able to: Define negligence and its elements Use these elements to analyze cases of negligence Use these elements to create scenarios of negligence

Do Now Define Negligence Read “The case of the college prank” on page 247 and answer the question.

Elements of Negligence Duty: The defendant, or wrongdoer, owed a duty of care to the plaintiff, or injured person. Breach of Duty: That duty was violated, or breached, by the defendant's conduct. Causation: The defendant’s conduct caused the plaintiff’s harm. Damages: The plaintiff’s suffered actual damages.

Duty and Breach Duty: Duty is the legal expectation to exercise reasonable care toward other persons and their property. Ex: An ambulance driver has a duty not only to the patient he/she is transporting, but also a duty to the other motorist on the road. Breach: When a person fails to take reasonable actions towards the care of other persons and their property Ex: An ambulance driver blows through a red traffic light with the lights on and sirens blaring, the ambulance hits a car in the intersection who did not see or hear the ambulance. Did the ambulance driver commit a breach of duty?

Reasonable Person Standard How the community expects its members to act Law assumes reasonable people do not break the law Professionals are considered to have the abilities of a higher standard. Minors Standard is different from adults Law compares minors conduct for others of the same use, intelligence and experience

Causation Cause in Fact If harm would not occurred without the wrongful act Proximate Cause There must be a close connection between the wrongful act and the harm caused Harm caused must have been foreseeable result of the act or acts

Damages After Duty, Breach, and Causation are proved damages also must be proved Recover from: Hospital bills, lost wages, damages to property, reduced future earnings, pain and suffering, mental distress, permanent physical harm

Defenses to negligence suit Contributory Negligence: Eliminated in most states Plaintiff can’t recover if his/her own negligence contributed to the harm suffered Comparative Negligence: Available in most states Dividing losses to the degree which each person is at fault Counterclaim Claim made by defendants against the plaintiff Assumption of risk Person encounters known danger and decides to accept the risk of the danger Ex: Foul ball

Assessment Students will put in groups of two with one group of three if necessary. Each group will be given a random subject and must create a scenario in which negligence could occur. The other students will determine if the created scenario is negligence or not. EX. Subject: Sidewalk Scenario: Huge crack causes fall. Students will be shown a clip from the popular cartoon “The Simpsons” at the end of the clip students will be asked to analyze the clip using the four elements of negligence to determine if the main character Homer Simpson would have a negligence case. sushi/ Homework: Read “The case of AIDS Liability” on page 243 and answer the question.

Works Cited Butkute, Ieva. Negligence Elements — Simpsons Episode. Seattle: University of Washington School of Law, 27 June Word Document. O'Brien, Edward L., J.D. "Negligence." Street Law: A Course in Practical Law. By Lee P. Arbetman, M.Ed., J.D. 6th ed. Lincolnwood: National Textbook, Print. The Simpsons. Dir. Wesley Archer. Perf. Dan Castellaneta, Julie Kavner, Nancy Cartwright, Yeardley Smith,. Myspace. N.p., n.d. Web. 5 Feb Forte, Mike. Street Law Ch 19 Negligence. N.p.: n.p., n.d. PPT.