1. For Professor Ludlum UCO September 12, 2016
Negligence
For Professor Ludlum UCO September 12, 2016

2. December, 2010

3. §1: Negligence Four Elements: Duty of care; Breached that duty; Caused
Injury;

4. Duty of Care
Courts use
_____________________________________ standard (jury) to determine whether duty exists.
Do you owe a duty of care to the public?

5. When…
When do you owe a duty to another person? By Law (parents, police) By Contract (babysitter, teacher)

6. Duty of Care Varies!
Duty of Landowners to warn invitees of hidden dangers
Buildings open to the public have posted every possible warning because a stronger duty owed to licensees.
Duty of Landowners to keep from harming trespassers

7. What duty to a Subway customer? Good Lawyer answer…..

8. Duty of Care: Foreseeability
Whether an act is foreseeable is generally considered a matter of fact determined by the reasonable person standard (jury).

9. Malpractice = Negligence
Professionals may owe higher duty of care based on special education, skill or intelligence. Breach of duty is called professional malpractice.

10. The Injury Requirement and Damages
To recover, Plaintiff must show legally recognizable injury.
Compensatory Damages are designed to reimburse.
Punitive Damages are designed to punish.

11. Causation The act must have caused the Plaintiff’s injuries.
Causation in Fact, and
Proximate Cause.
Palsgraf v. Long Island Railroad Co. (1928).

12. Causation in Fact Would the injury have occurred anyway?
Usually determined by the “but for” test, i.e., but for the Defendant’s act the injury would not have occurred.

13. Proximate Causation
An act is the proximate (or legal) cause of the injury when the causal connection between the act and injury is strong enough to impose liability.
Foreseeability of injury is an important factor.

14. §2: Defenses to Negligence
Assumption of Risk .
Superceding Intervening Cause.
Contributory or Comparative Negligence.

15. Assumption of Risk
Plaintiff understands the risks and engages in the act anyway.
Plaintiff, in the eyes of the law, assumes the risk.

16. Superseding Cause
A unforeseeable, intervening act that breaks the causal relationship between act and Plaintiff’s injury.
Ambulance delays and medical malpractice are forseeable!

17. Contributory Negligence
Under common law, if Plaintiff in any way caused his injury, he was barred from recovery.
If 1% at fault, cannot sue another!

18. Comparative Negligence
Modern View:
Apportion the damages!
If 20% at fault, can only recover 80% of the damages
However, if Plaintiff is more than 50% liable, she recovers nothing.

19. §3: Special Negligence Doctrines and Statutes
Res Ipsa Loquitur.

20. Res Ipsa Loquitor Presumption of negligence if:
Under defendant’s control
Within defendant’s scope of duty
Ordinarily not have happened without negligence
Examples: Animal carcass inside of food can or object falling from a building onto a person

21. §3: Special Negligence Doctrines and Statutes
Negligence Per Se

22. Special Negligence Doctrines and Statutes
“Danger Invites Rescue” Doctrine.

23. Special Negligence Doctrines and Statutes
Dram Shop Acts.

24. Special Negligence Doctrines and Statutes
Good Samaritan Statutes.
Oklahoma adds:
Nurses
Dentists
CPR Training
Safe Place protection!

25. §4: Strict Liability
Theory of strict liability started with Rylands v. Fletcher (1868 England).
Strict liability is

26. Abnormally Dangerous Activities
Defendant is strictly liable for an “abnormally dangerous activity” Usually limited to:

28. The Case of Poteau Beauty College Could it happen here?
Law School Question
The Case of Poteau Beauty College Could it happen here?