Steps to negligence

1. Steps to negligence CLU3M: Civil Law

2. Stage One- Duty of Care • Obligation to avoid carless actions that could cause harm to one or more persons • Before 1932 there was a simple answer to who owed who a duty of care- now the neighbour principle must be applied • Foreseeability is key

3. Stage Two- Standard of Care • What a reasonable person would have done under similar circumstances • The reasonable person changes with the situation and the context • If you have failed to meet the standard it is referred to ask “breaching” the standard of care • Professional liability • Medical negligence • Children and Parental responsibility

4. Stage Three- Causation • Did the defendant’s actions or lack there of actually cause the damage • Remoteness of damage • Apportionment

5. Bob knows Bill is coming to his place. Bill slips and falls on Bob’s driveway which is covered with snow and ice. Bill falls, breaks his hip and slides down the icy driveway to the street into the path of a car driven by Ben. Ben swerves to avoid Bill. Ben hits an icy patch on the road, spins out and smashes into a telephone pole. Ben’s car is damaged. The telephone lines are out of order as a result of the accident, and Blake is unable to get an ambulance for his father, Beau, who is having a heart attack. Beau dies.

6. Defences to Negligence • In most cases, if you are sued for negligence, the plaintiff must prove that you owed a duty of care, breached the standard of care and caused the injuries • In your defence you can provide evidence to show you: • DID NOT owe a duty of care • You MET the standard of care • Your acts DID NOT cause the damage • In addition you may be able to prove that the plaintiff contributed to the cause of injury

7. Defences • Voluntary Assumption of Risk • Participation in Illegal Activities • Inevitable Accident- bee flies through the window of your care • Act of God- lightning hits your care • Contributory Negligence