1. Section 4.2

2. What You’ll Learn
How to define negligence (p. 88)
How to explain the elements of negligence (p. 88)

3. What You’ll Learn
How to define the major defenses to negligence (p. 91)
How to define strict liability (p. 92)

4. Why It’s Important
Because any person is a potential victim and a perpetrator of negligence, understanding this vital area of tort law will help you protect yourself legally.

5. Legal Terms
negligence (p. 88)
strict liability (p. 88)
breach of duty (p. 88)
proximate cause (p. 90)
contributory negligence (p. 91)
comparative negligence (p. 92)
assumption of risk (p. 92)

6. Section Outline Unintentional Torts Negligence Strict Liability
Elements of Negligence
Defenses to Negligence
Strict Liability

7. Pre-Learning Question
What do you think an unintentional tort is?

8. Unintentional Torts
A person can commit an unintentional tort, when he or she acts in a careless manner that results in an injury to a person, damage to property, or both.
Negligence and strict liability are unintentional torts.

9. Intentional and Unintentional Torts
4.2
Intentional and Unintentional Torts
Torts
Intentional Torts
Unintentional Torts
When a person commits a wrong against another and knows and desires the consequences of his or her act.
When acting in a careless manner causes damage or injury.
Examples
Examples
Assault and Battery
Trespass
False imprisonment
Negligence
Strict liability

10. Unintentional Torts
Negligence is an accidental or unintentional tort resulting from the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances.

11. Unintentional Torts
Strict liability is the doctrine that states that people engaged in ultrahazardous activities will be held liable, regardless of how careful they were and regardless of their intent.

12. Pre-Learning Question
What do you think are the elements of negligence?

13. Negligence Is an accidental or unintentional tort.
Is the tort that most often occurs in society today.

14. Elements of Negligence
Duty of care
Breach of duty
Proximate cause
Actual harm

15. Duty of Care
All of us have a duty not to violate certain rights of others.
The plaintiff must demonstrate that the defendant owed him or her duty of care.

16. Example of Duty of Care
Julia was injured while diving at a public pool. The injury could have been avoided if the diving board had a guardrail. Julia sued the state’s Department of Health.

17. Example of Duty of Care
The court ruled the Department of Health had a duty to the state’s sanitary code, not a duty to inspect for safety problems. The Department of Health had no duty to Julia.

18. Breach of Duty
Breach of duty is the failure to use the degree of care that a reasonable person would exercise in that same situation.
The words “reasonable person” must be used when instructing the jurors.

19. Define negligence.

20. ANSWER
Negligence is an accidental or unintentional tort resulting from the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances.

21. Proximate Cause
Proximate cause is the legal connection between unreasonable conduct and the resulting harm.
Without proximate cause, the result would not have occurred.

22. Actual Harm
The essence of any tort suit is a violation of a duty that results in injury to the plaintiff.
The plaintiff must have actually suffered physical injury, property damage, or financial loss.

23. Defenses to Negligence
Contributory negligence
Comparative negligence
Assumption of risk

24. Contributory Negligence
Behavior by the plaintiff that helps cause his or her injuries may be considered contributory negligence.

25. Comparative Negligence
The negligence of each party is compared under the doctrine of comparative negligence, and the amount of the plaintiff’s recovery is reduced by the percent of his or her negligence.

26. Assumption of Risk
If the defendant can show the plaintiff knew of the risk involved and still took the chance of being injured, he or she may claim assumption of risk.

27. Pre-Learning Question
Why is strict liability considered an unintentional tort?

28. Strict Liability
Some activities are so dangerous that the law will apply neither the principles of negligence nor the rules of intentional torts to them.

29. Strict Liability
According to strict liability, if these activities injure someone or damage property, the people engaged in the activities will be held liable, regardless of how careful they were and regardless of their intent.

30. Reviewing What You Learned What is negligence?
Section 4.2 Assessment
Reviewing What You Learned
What is negligence?

31. Reviewing What You Learned Answer
Section 4.2 Assessment
Reviewing What You Learned
Answer
An accidental or unintentional tort resulting from the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances.

32. Reviewing What You Learned What are the elements of negligence?
Section 4.2 Assessment
Reviewing What You Learned
What are the elements of negligence?

33. Reviewing What You Learned Answer
Section 4.2 Assessment
Reviewing What You Learned
Answer
Duty of care
Breach of duty
Proximate cause
Actual harm

34. Reviewing What You Learned What are the major defenses to negligence?
Section 4.2 Assessment
Reviewing What You Learned
What are the major defenses to negligence?

35. Reviewing What You Learned Answer
Section 4.2 Assessment
Reviewing What You Learned
Answer
Contributory negligence
Comparative negligence
Assumption of risk

36. Reviewing What You Learned What is strict liability?
Section 4.2 Assessment
Reviewing What You Learned
What is strict liability?

37. Reviewing What You Learned Answer
Section 4.2 Assessment
Reviewing What You Learned
Answer
The doctrine that states that people engaged in ultrahazardous activities will be held liable, regardless of how careful they were and regardless of their intent.

38. Critical Thinking Activity Defenses to Negligence
Section 4.2 Assessment
Critical Thinking Activity
Defenses to Negligence
Which defense to negligence do you feel is the most effective?

39. Critical Thinking Activity Answer Defenses to Negligence
Section 4.2 Assessment
Critical Thinking Activity Answer
Defenses to Negligence
Answers will vary, but should recognize that which defense is most effective will depend on the circumstances of the negligence.

40. Legal Skills in Action Strict Liability
Section 4.2 Assessment
Legal Skills in Action
Strict Liability
Historically, some activities that we take for granted today were originally considered ultrahazardous. One such activity is the flying of an airplane.

41. Legal Skills in Action Strict Liability
Section 4.2 Assessment
Legal Skills in Action
Strict Liability
Imagine that you want to change the law relative to strict liability. Research and write a report on strict liability relative to airplanes, and demonstrate how the doctrine became obsolete in regard to that activity.

42. Legal Skills in Action Answer
Section 4.2 Assessment
Legal Skills in Action Answer
Strict Liability
Reports will vary, but should cite references to support their findings.

43. End of Section 4.2