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Learn about unintentional torts, negligence, duty of care, breach of duty, and more in legal contexts. Explore examples and defenses to negligence.
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Pre-Learning Question What do you think an unintentional tort is?
Unintentional Torts A person can commit an unintentional tort, when he or she acts in a careless manner that results in an injury to a person, damage to property, or both. Negligence and strict liability are unintentional torts.
4.2 Intentional and Unintentional Torts Torts Intentional Torts Unintentional Torts When a person commits a wrong against another and knows and desires the consequences of his or her act. When acting in a careless manner causes damage or injury. Examples Examples Assault and Battery Trespass False imprisonment Negligence Strict liability
Unintentional Torts Negligence is an accidental or unintentional tort resulting because of the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances.
Unintentional Torts Strict liability is the doctrine that states that people engaged in ultrahazardous activities will be held liable, regardless of how careful they were and regardless of their intent.
Pre-Learning Question What do you think are the elements of negligence?
Negligence • is an accidental or unintentional tort. • is the tort that most often occurs in society today.
Elements of Negligence • duty of care • breach of duty • proximate cause • actual harm
Duty of Care • All of us have a duty not to violate certain rights of others. • The plaintiff must demonstrate that the defendant owed him or her duty of care.
Example of Duty of Care Julia was injured while diving at a public pool. The injury could have been avoided if the diving board had a guardrail. Julia sued the state’s Department of Health.
Example of Duty of Care The court ruled the Department of Health had a duty to the state’s sanitary code, not a duty to inspect for safety problems. The Department of Health had no duty to Julia.
Breach of Duty • Breach of duty is the failure to use the degree of care that a reasonable person would exercise in that same situation. • The words “reasonable person” must be used when instructing the jurors.
ANSWER Negligence is an accidental or unintentional tort and is the tort that occurs most often in society today.
Proximate Cause Proximate cause is the legal connection between unreasonable conduct and the resulting harm. Without proximate cause, the result would not have occurred.
Actual Harm • The essence of any tort suit is a violation of a duty that results in injury to the plaintiff. • The plaintiff must have actually suffered physical injury, property damage, or financial loss.
Defenses to Negligence • contributory negligence • comparative negligence • assumption of risk
Contributory Negligence Behavior by the plaintiff that helps cause his or her injuries may be considered contributory negligence.
Comparative Negligence The negligence of each party is compared under the doctrine of comparative negligence, and the amount of the plaintiff’s recovery is reduced by the percent of his or her negligence.
Assumption of Risk If the defendant can show the plaintiff knew of the risk involved and still took the chance of being injured, he or she may claim assumption of risk.
Strict Liability Some activities are so dangerous that the law will apply neither the principles of negligence nor the rules of intentional torts to them.
Strict Liability According to strict liability, if these activities injure someone or damage property, the people engaged in the activities will be held liable, regardless of how careful they were and regardless of their intent.
Section 4.2Assessment Reviewing What You Learned • What is negligence?
Section 4.2Assessment Reviewing What You Learned Answer An accidental or unintentional tort resulting because of the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances.
Section 4.2Assessment Reviewing What You Learned • What are the elements of negligence?
Section 4.2Assessment Reviewing What You Learned Answer • duty of care • breach of duty • proximate cause • actual harm
Section 4.2Assessment Reviewing What You Learned • What are the major defenses to negligence?
Section 4.2Assessment Reviewing What You Learned Answer • contributory negligence • comparative negligence • assumption of risk
Section 4.2Assessment Reviewing What You Learned • What is strict liability?
Section 4.2Assessment Reviewing What You Learned Answer The doctrine that states that people engaged in ultrahazardous activities will be held liable, regardless of how careful they were and regardless of their intent.
