2.  Understand the four elements of the tort of negligence  Understand the reasonable person standard  Understand how foreseeability (ability to anticipate the outcome of an action) is critical in negligence cases  Also, how foreseeability is the key difference between proximate cause and cause in fact  Be able to apply the concepts of comparative and contributory negligence  Learn about other potential defenses to negligence cases

3.  Duty—defendant owes a duty of care to the plaintiff (judge decides)  Example of no duty owed?  Breach of duty—defendant’s conduct breached or violated that duty (jury decides)  Causation—the defendant’s conduct legally caused the plaintiff’s injuries/harm  Two types of causation—more on this later  Damages—plaintiff suffered actual injuries or losses

4.  Negligence cases are decided based on whether a person’s conduct conforms to that of “the reasonable person of ordinary prudence or carefulness”  Professionals and minors—different standards  Reasonableness—must evaluate:  Likelihood of harm  Seriousness of harm  Burden/cost of avoiding harm  Criminal acts may constitute breach of duty as a matter of law (negligence per se)

5.  Two concepts:  Cause in fact—harm would not have occurred without the wrongful act  Proximate cause—the harm was reasonably foreseeable as a consequence of the wrongful act  Proximate cause is more difficult  Great Chicago Fire (p. 256)  Palsgraf v. Long Island Railroad  The Butterfly Effect

6.  Goal—restore the plaintiff to pre-injury condition (to extent possible)  Money is the primary remedy  Examples of damages:  Hospital and medical bills  Lost wages (past)  Lost future earnings  Property damage  Pain and suffering  Emotional distress  Mental/physical disabilities  Loss of consortium

7.  Contributory negligence— complete bar to recovery  Can result in harsh result, where the defendant is mostly responsible, but avoids liability  Comparative negligence (responsibility)  Plaintiff’s recovery reduced by own percentage of responsibility  Most states bar recovery if plaintiff >50% responsible