Unintentional Torts

Comparative Negligence

Wi) allocate percentages of fault; people who operate the ride are 90% at fault, person who weighed more than allowed was 10%. Can recover a percentage.

Breach of duty

one person or company has a duty of care toward another person or company, but fails to live up to that standard. A person may be liable for negligence in a personal injury case if his breach of duty caused another person's injuries.

Business Invitees

people who come onto property because of business; protect them from hidden and obvious risk; must take reasonable steps to warn them of hidden dangers

Res Ipsa Loquitur

the facts speak for themselves

Actionable negligence requires

(1) Duty (2) Breach of Duty (3) Causation ♣ Causation in Fact: if it had not been for my actions, would the person have been injured? ♣ Proximate Cause: whatever conduct they did, was it foreseeable? (4) Damages

Abnormally Dangerous Activities

(1) No degree of reasonable care can completely guard against all risks (2) Someone is injured as a result (3) Generally not performed in the community/under those conditions

Negligence Per Se, The plaintiff must prove that

(1) the statute or ordinance clearly sets out what standard of conduct is expected, when it is expected, and of whom it is expected, (2) the plaintiff is in the class of persons intended to be protected by the statute or ordinance, and (3) the statute or ordinance was intended to prevent the type of injury that the plaintiff suffered as a result of the defendant's wrongful act.

"Dram Shop" Liability

A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication.

Negligence Per Se

An act or omission in violation of a statutory duty or obligation. Negligence per se often arises where the tortfeasor both violates a criminal statute or ordinance and causes injury to another party. Negligence per se means in and of itself

Causation in fact

An act or omission without which the plaintiff's injury would not have occurred.

Proximate cause

Exists when the connection between an act and an injury is direct enough to impose liability.

Negligence

Failing to exercise the standard of care that a reasonable person would exercise in similar circumstances.

Duties of Professionals

If an individual has knowledge, skill, or expertise superior to that of an ordinary person, the individual is held to that standard of care expected of a reasonable person with the same or similar knowledge, skill, or expertise****

Strict Liability

Liability without fault- Liability regardless of fault or intentions.

Duty of Care

The duty of all persons to exercise reasonable care in their dealings with others.

Foreseeability

Was there a close enough relationship between whatever happened and the actual injury to justify imposing liability? MUST BE FORSEEABLE.

Reasonable Care

a requirement that a person act toward others and the public with watchfulness, attention, caution and prudence that a reasonable person in the circumstances would. If a person's actions do not meet this standard of care, then the acts are considered negligent, and any damages resulting may be claimed in a lawsuit for negligence.

Unintentional torts

actor neither wishes to bring about the consequences of action, nor believes they will occur (spilling water, but someone ends up getting hurt)

A reasonable person will be

careful, conscientious, even tempered, honest and aware in a reasonable environment

The purpose of tort law

compensate those who suffer legally recognizable injuries.

The "Danger Invites Rescue" Doctrine

if a person causes an injury, they are responsible for the victim's injuries and any other injuries that occur to anybody who tries to rescue them

Abnormally Dangerous Animals

if you have non-domestic animals in a domestic situation, then you are liable

Duties of Landowners

landowners are expected to exercise reasonable care to protect from harm those persons coming onto their property; MUST WARN

"Good Samaritan" Statutes

makes it more difficult to sue rescue personal or people helping in emergency situations. If you are a good Samaritan, you have to finish the job. You cannot put them in a worse position.

Compensatory Damages

most common, to put them in the position they would have been in had this incident not happened

Punitive Damages

punish and deter future similar conduct, rarely awarded

Defective and unreasonably dangerous products

when the manufacturer puts out a product that is unreasonably dangerous or defective when used

Assumption of Risk

• Must have knowledge of risk • Have to voluntary assume it • DOES NOT work in an emergency situation • Only assume risks that are inherent in the activity (bungee jumping - rope may break)

Contributory Negligence

• we did not properly maintain the net, but you were over the weight limit; you contributed to the accident happening. Cant recover anything, no award given. Many large companies place businesses here.