1. Chapter 4 Section 2 Negligence and Strict Liability

2. What You’ll Learn How to define negligence How to explain the elements of negligence Define the major defenses to negligence Define strict liability

3. Why It’s Important Any person is a potential victim. Understanding this area of tort law will help you protect yourself legally.

4. Unintentional Torts Injury caused by a person’s carelessness is known as negligence Injury caused by a person’s participation in a ultrahazardous activity is strict liability

5. Negligence Accidental/unintentional The tort that occurs most often Car accident/tripping on a broken floorboard

6. 4 Elements of Negligence Specific standards prevent people from suing innocent parties. Duty of care Breach of Duty Proximate cause Actual Harm

7. Duty of Care You have a duty to act as a reasonable person would Driving a car-Duty to pay attention Pool Injury-Did Dept. of Health have duty towards injured girl?

8. Breach of Duty If you did not use the degree of care that a reasonable person would have used. Driver turns around to talk to someone in back seat

9. Proximate Cause Legal connection between unreasonable conduct and resulting harm Must prove that your injury resulted because of someone’s breach of duty You rear end a car while you are turned around talking

10. Actual Harm Must prove that you suffered injury, property damage, or financial loss Hospital bills, pay for car repairs

11. Defenses to Negligence Eliminate one of the four elements If that is not possible: Contributory Negligence Comparative Negligence Assumption of risk

12. Contributory Negligence If your behavior helped cause your injuries Does not matter how small the behavior was Many states have replaced with comparative negligence

13. Comparative Negligence The amount you are liable depends on how much of the responsibility is yours If the amount of damages is $100,000 but you were 10% liable you can only get $90,000 Many states will only let you recover money if you are less than 50% liable

14. Assumption of Risk If you know the activity is dangerous but you participate anyways Extreme sports/hit with a baseball

15. Strict Liability If you participate in an ultrahazardous activity, you will be liable for any harm caused Nuclear power company, animals

16. Product Liability If you are injured by a defective product, the company is liable even if you were negligent Defective tire