chapter 5 (Negligence and Strict Liability)

Defenses to Negligence

1. Assumption of the Risk 2. Contributory Negligence 3. Comparative Negligence

Strict Liability Torts

Even though no fault of defendant either through intentional action or negligence, defendant is still held responsible. Two situations: 1. Abnormal dangerous activity 2. Strict products liability

Proximate Cause

Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability. Foreseeable? Bizarre, far-fetched?

Duty of Care

Obligation to conform our conduct to a particular standard of care, so as not to expose others to an unreasonable risk of harm.

Injury

Plaintiff must prove that he/she suffered actual physical or economic damage.

Negligence

The Tort Negligence consists of 4 elements: 1. Duty of Care 2. Breach of Duty of Care 3. Causation - cause-in-fact, proximate cause 4. Recognizable Injury

Breach of Duty of Care

a failure to exercise care or to act as a reasonable person would act.

cause in fact

plaintiff must prove that the defendant actually caused the injury

Causation

the act of causing something to happen