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2. 2 NEGLIGENCE CONDUCT THAT INVOLVES AN UNREASONABLY GREAT RISK OF HARM THAT FALLS BELOW THE STANDARD OF CARE THE LAW ESTABLISHES FOR THE PROTECTION OF OTHERS.

3. 3 1. Duty of due care 2. Breach 3. Factual cause. 4. Foreseeable harm 5. Injury To win a negligence case, the plaintiff must prove that the defendant failed in five areas: “”“”

4. 4 DUTY OF DUE CARE  If a defendant could have foreseen injury to a particular person, she has a duty to him.  In general, the common law does not require a bystander to assist a person in danger.  There are special rules for liability of landowners.

5. 5 DUTY OF LANDOWNERS FOUR LEVELS OF DUTY: 1. To Trespassers 2. To Children 3. To Licensees 4. To Invitees

6. 6 BREACH OF DUTY A defendant breaches his duty of due care by failing to behave the way a reasonable person would under similar circumstances.

7. 7 NEGLIGENCE PER SE Where the legislature determines that violation of certain standards creates a breach of duty

8. 8 FACTUAL CAUSE The defendant’s breach of duty ultimately led to the injury

9. 9 FORESEEABLE HARM To be liable, the harm must have been foreseeable

10. 10 Ex: Factual Cause & Foreseeable Harm Mechanic fails to fix customer’s brakes, which causes... Car accident, car hitting bicyclist Mechanic is liable to cyclist Car accident, car hitting bicyclist Noise from accident startles someone who falls out a window Mechanic is NOT liable for falling person Factual cause and foreseeable type of injury Factual cause, but no foreseeable type of injury Car accident, car does not hit bicyclist Bicyclist hits pothole and crashes Mechanic is NOT liable to cyclist No factual cause Mechanic fails to fix customer’s brakes, which causes...

11. 11 INJURY Plaintiff must show genuine injury

12. 12 1. Duty of due care 2. Breach 3. Factual cause. 4. Foreseeable harm 5. Injury To win a negligence case, the plaintiff must prove that the defendant failed in five areas: “”“”

13. 13 STRICT LIABILITY Some activities are so dangerous that the law imposes a high burden on them. This is called strict liability.

14. 14 RES IPSA LOQUITOR The cause of the injury “speaks for itself ”

15. 15 PRODUCT LIABILITY If a product is defective, the law holds the manufacturer liable

16. 16 NEGLIGENCE THEORIES  Contributory Negligence  Comparative Negligence

17. 17 MORE DEFINITIONS Proximate cause Deep pocket theory

18. 18 DEFENSES Assumption of risk Express assumption of risk Implied assumption of risk