Chapter 20 Negligence

The failure to exercise a reasonable amount of care in either doing or not doing something resulting in harm or injury.

Elements The conditions that make an act unlawful.

Duty A legal obligation.

Breach The violation of a law, duty, or other form of obligation, either by engaging in an action or failing to act.

Causation The reason an event occurs; that which produces an effect.

Damages (1) The injuries or losses suffered by one due to the fault of another. (2) Money asked for or demanded by a court order for the injuries or losses suffered.

Cause in Fact One of the elements the plaintiff must prove to win a negligence suit. To do this, the plaintiff must prove he or she would not have been harmed if the defendant had not acted wrongfully.

Proximate Cause In negligence law, the legal cause of the harm. This concept limits damages the defendant must pay. It covers only harms that are reasonably predictable consequences of the defendant’s wrongful acts.

Foreseeable Harm An injury a person could reasonably predict. For instance, a person who leaves a banana peel on the floor could reasonably predict that someone could slip on the peel, fall, and break a bone. If this happens, the broken bone is a foreseeable harm.

Contributory Negligence The plaintiff and the defendant share the fault for a negligence tort and as a result the plaintiff is unable to recover damages from the defendant.

Comparative Negligence In a tort suit, a finding that the plaintiff was partly at fault, and, therefore does not deserve the full compensation for his or her injuries. It is based on percentages. For instance, if 40% of the accident was the plaintiff’s fault, the plaintiff’s damages are reduced by 40%.

Counterclaim A claim made by a defendant against a plaintiff in a civil suit.

Assumption of the Risk A legal defense to negligence tort, whereby the individual is considered to have voluntarily excepted a known risk of danger.

Chapter 21 Strict Liability

The legal responsibility for damage or injury even if you are not at fault.

Product Liability The legal responsibility of manufacturers and sellers for injuries caused by defective products they produce or sell.

Chapter 22 Torts and Public Policy

Tort Reform The movement that focuses on changing the process of settling tort claims. It emphasizes methods other than going to court or establishes limitations on how much money the winning party may receive.