1. C H A P T E R 1
Negligence
Chapter 1 Negligence

2. Three Types of Law Legislated law Regulatory law Common law
That passed by legislatures (federal, state, local)
Regulatory law
That passed by regulatory agencies (e.g., health department)
Common law
That created by precedence of the courts

3. Court System Criminal court Civil court Brought by the state
Defendant is sentenced to jail, fined, and so on
Beyond a shadow of a doubt
Civil court
Brought by another citizen
Defendant pays damages
By a preponderance of the evidence
(continued)

4. Court System (continued)
Federal court
Federal laws
Issues that cross state lines
Issues that have significant costs
State court
State laws

5. Negligence Part of tort law: Wrongdoing that leads to injury
Negligence: An unintentional tort
State law
The failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation

6. Elements of Negligence
Duty: Relationship
Breach of standard of care: What a normal, prudent person would do in the same or similar circumstances
Damage: Injury, damage, or loss (must be in terms of money)
Proximate cause: Connection between breach and damage; shows that the breach caused the damage

7. Types of Breaches
Nonfeasance: Not doing something that one should have done, which results in injury
Misfeasance: Accidently creating an injury
Malfeasance: Intentionally doing something that causes an injury

8. Standard of Care
Industry standard: What should be done, as identified by an association
American Camping Association
Law or regulation: A requirement that something be done a certain way
Health department
Certifications, licenses, and so on
Red Cross Lifeguarding

9. Levels of Negligence
Ordinary: What an ordinary, prudent person (a perfect person) would or would not do in the same or similar circumstances
Gross: What a reckless person would or would not do in the same or similar circumstances
Willful and wanton: What a person does on purpose or with complete disregard for another

10. Learn Standard of Care Become certified, qualified, licensed
Learn the industry standards
Join trade organizations
Attend conferences and training sessions
Read the literature
Keep training and adding experience

11. Types of Supervision
General: Overseeing the activity and all participants
Specific: One-on-one, direct involvement with a participant
Transitional: Moving from general to specific or specific to general; no supervision is occurring

12. Components of Supervision
Placement and ratio of supervisors
Understanding the activity
Qualifications (training and experience)
First aid and rescue abilities
Special training for the activity

13. Conduct of Activity Adequacy of progression
Maturity and condition of participants
Psychological (e.g., fear)
Physical (e.g., tired, hungry, thirsty, injured)
Mental (e.g., understanding of the activity)
Safety equipment and environmental conditions

14. Respondeat Superior
Holds the employer liable for the acts of the employee
The employer should hire qualified staff.
The employer should train staff.
The employer should be aware of what employee is doing.
Must be within the scope of his duty
Ultra vires act: An act outside the scope of duty

15. Foreseeability
Should the supervisor have been able to predict the probability that an accident would occur?
Anticipate
Prepare
Prevent

16. Summary Four components of negligence
Duty
Breach of standard of care
Proximate cause
Injury, damage, or loss
All four components must be present for negligence to occur.