1. Negligence

2. Negligence
All have general duty, or legal obligation, to exercise reasonable care toward other persons & property
Negligence law concerned with action or inaction that violates this standard of reasonable care
Examples:
Surgeon forgets to remove clamp from patient’s body after operating & stiches up patient
City employee forgets to cover manhole and pedestrian falls in
Drug company markets birth control without adequate medical testing. Woman develops illness.

3. Elements of Negligence
Unlike intentional torts, many of which have specific names, negligence is broad category
Deals w/ many kinds of wrongful conduct
For plaintiff to win a negligence suit, EACH of following four elements must be proven by preponderance of the evidence…

4. Elements of Negligence
1.) DUTY
Defendant owed a duty of care to plaintiff (injured person)
2.) BREACH OF DUTY
Defendant’s conduct breached or violated that duty
3.) CAUSATION
Defendant’s conduct caused plaintiff’s harm
4.) DAMAGES
Plaintiff suffered actual injuries or losses

5. Elements of Negligence
EXAMPLE:
Did the drug company have a duty of care to its customers to adequately test birth control before selling it?
Did company breach this duty by failing to adequately test device?
Did this breach of duty result in a defective product that caused actual damage?

6. The Reasonable person standard
To help judges determine whether conduct is negligent, the law has developed an imaginary creature:
“the reasonable person of ordinary prudence or carefulness”
Does not represent typical, average person. Rather, this is an idealized version of such a person

7. How does a “Reasonable” person behave?
Considers…
How likely a certain harm is to occur
How serious the harm would be
The burden involved in avoiding the harm
Likelihood and seriousness of harm balanced against burden of avoiding the harm

8. Negligence & Property
Requires you use reasonable care to protect others from harm when on your property
Do NOT apply to trespassers
EXCEPTION: Attractive nuisance doctrine
If a person keeps something on their property that is likely to attract children, that person must take reasonable against dangers conditions might cause
Construction companies must fence in sites

9. Negligence & Businesses
The law imposes higher duty on businesses and other public establishments
Must inspect property to make it safe for patrons
Ex: Restaurant owner not merely required to warn customers of slippery sidewalk on snowy day
Obligated to shovel, spread salt

10. Negligence & Professionals
Certain professionals considered to have abilities of reasonably skilled members of their profession
Doctors
Plumbers
Pilots
Ex: Plumber who repairs kitchen sink that later leaks & damages floor can’t defend against tort by claiming he completed job as skillfully as ordinarily prudent person

11. Negligence & Minors Minors are liable for torts they commit
Standard of care expected lower than that of adults
Law compares minor’s conduct with reasonable conduct for others of same age, intelligence, & experience
Exception: When minors engage in “adult activities,” like driving, they are held to adult standard of care

12. Causation Two separate issues: cause in fact proximate cause
Cause in fact: harm would not have occurred without the wrongful act
Proximate cause: there must be a close connection between wrongful act and harm caused
Harm caused must have been foreseeable result of act

13. Damages
Plaintiff should be restored to his or her pre-injury condition, to the extent that can be achieved with money
Courts allow plaintiffs to recover for…
Hospital bills
Lost wages
Damage to property
Reduced future earnings
Pain & suffering
Emotional distress

14. Defenses to negligence suits
…….