1. A. Negligence is the most common tort.
CHAPTER 1
7/18/2018
Chapter 6
Slide 1
BHS Law Related Education Law II
Chapter 6-2 Personal Injury Law
V. Negligence
A. Negligence is the most common tort.
B. Negligence is defined as the failure to exercise reasonable care toward others.
C. Reasonable Person Test-what would a reasonable or prudent person do in similar circumstances? 1

2. VI. Strict Liability Chapter 6-2 Personal Injury Law
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Chapter 6
Slide 2
BHS Law Related Education Law II
Chapter 6-2 Personal Injury Law
VI. Strict Liability
A. The Doctrine of Strict Liability is used to establish liability against a defendant without having to prove the elements of duty or breach of duty.
B. Strict Liability applies when someone is injured by something that is inherently dangerous.
Examples of cases where the Doctrine of Strict Liability may be applied include;
1. Ownership of dangerous animals.
2. Manufacture and sale of defective products. 2

3. You Are The Lawyer

4. VII. Defenses to Negligence
CHAPTER 1
7/18/2018
Chapter 6
Slide 4
BHS Law Related Education Law II
Chapter 6-2 Personal Injury Law
VII. Defenses to Negligence
A. Even where the plaintiff can show all the elements of negligence, the defendant can still prevail by asserting a valid defense.
B. There are two primary legal defenses to a claim of negligence in New Jersey:
1) The Doctrine of Comparative Negligence
2) The Doctrine of Assumption of Risk 4

5. 1) The Doctrine of Comparative Negligence
CHAPTER 1
7/18/2018
Chapter 6
Slide 5
BHS Law Related Education Law II
Chapter 6-2 Personal Injury Law
VII. Defenses to Negligence
1) The Doctrine of Comparative Negligence
a) Most states (NJ Included) have adopted the Doctrine of Comparative Negligence as a defense.
b) Under the Doctrine of Comparative Negligence the liability of both parties is measured on a 100% scale.
c) The amount of money the jury awards the plaintiff is reduced by the % of negligence the jury attributes to the plaintiff.
d) In the event the jury finds the plaintiff to be greater than 50% at fault, the plaintiff is barred from recovery. 5

6. You Are The Jury
Trip & Fall Example

7. VII. Defenses to Negligence
CHAPTER 1
7/18/2018
Chapter 6
Slide 7
BHS Law Related Education Law II
Chapter 6-2 Personal Injury Law
VII. Defenses to Negligence
2) Assumption of Risk
a) The legal Doctrine of Assumption of Risk is a defense to negligence that bars recovery if the plaintiff voluntarily engages in conduct that is inherently dangerous.
b) The requirements to establish the defense of assumption of risk are:
1) Voluntary engages in activity.
2) foreseeability of the risk. 7

8. VII. Defenses to Negligence
CHAPTER 1
7/18/2018
Chapter 6
Slide 8
BHS Law Related Education Law II
Chapter 6-2 Personal Injury Law
VII. Defenses to Negligence
c) Foreseeable Risk-a danger which a reasonable person should anticipate as the result from his/her actions.
Examples: Is there a foreseeable risk?
A skier hits a bump on a ski run, falls and is injured.
Someone playing football suffers a concussion.
A person attending a baseball game is hit by a ball. 8