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Negligence

Negligence. Chapter 8. Objectives. Define and identify elements of negligence. Explain concepts: Duty Standard of care Breach Damages and proximate cause. Objectives. Explain what the standard of care is for professionals and those with specialized training.

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Negligence

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  1. Negligence Chapter 8

  2. Objectives • Define and identify elements of negligence. • Explain concepts: • Duty • Standard of care • Breach • Damages and proximate cause

  3. Objectives • Explain what the standard of care is for professionals and those with specialized training. • Identify types of evidence that can be used to establish the standard of care for a professional.

  4. Objectives • Explain defenses to negligence: • Assumption of risk • Contributory negligence • Comparative negligence • Last clear chance doctrine • Rescue doctrine

  5. Objectives • Explain Fireman’s Rule. • Define gross negligence and recklessness. • Explain joint and several liability. • Identify common types of activities for which strict liability is imposed.

  6. Negligence • Many definitions exist • Our definition • Failure to exercise the care that the reasonably prudent person would have exercised under the circumstances, which causes damages to another

  7. Elements of Negligence • Three elements • Act/omission • Causing damages to another • Breach of the standard of care

  8. Act • Act • Doing an affirmative act • Driving a car • Performing CPR • Extinguishing a fire

  9. Omission • Omission • Failure to do something you are legally required to do • Concept of legal duty • At common law • No duty to act even if someone is in trouble

  10. Damages • Damages • Personal injury, property damage, or money lost • Damages do not include: • Hurt feelings or being wronged in principle

  11. Causation • Damages must be caused by defendant’s negligence • Proximate cause = legal cause • Requires more than “but for” cause

  12. Breach of the Standard of Care • Act or omission must have failed to live up to the reasonably prudent person standard • Standard of care • Who or what is the reasonably prudent person?

  13. Reasonably Prudent Person • An imaginary common person who is very careful • "When a person, acting in a given set of circumstances, fails to exercise that degree of care for the safety of another which a reasonably prudent person would have exercised in the same or similar circumstances, said person is said to be negligent.“ Rhode Island Supreme Court

  14. Reasonably Prudent Person • Standard works for normal daily activities that all people are familiar with • Driving a car • Cooking a meal

  15. Reasonably Prudent Professional • Reasonably prudent professional standard • To evaluate those with special knowledge or expertise • Standard of care expected of someone with professional qualifications

  16. Reasonably Prudent Professional • Standard of care is a question of fact for the jury • Evidence of standard of care comes from • Expert witnesses • Laws and regulations • Industrywide standards

  17. Fire Service Negligence Cases • Kenavan v. New York • McGuckin v. Chicago • Harry Stroller v. City of Lowell

  18. Emergency Medical Care and Negligence • Consent to treat, battery, and negligence • Patient abandonment

  19. Defenses to Negligence • Contributory negligence • Assumption of the risk • Comparative negligence • Last clear chance • Rescue doctrine

  20. Fireman’s Rule • An exception to the rescue doctrine • Bars suits by firefighters and police officers for injuries sustained at emergencies • States have differing applications

  21. Fireman’s Rule Modern Limitations • Injured firefighters may sue if: • Defendant intentionally set fire • Owner or tenant was reckless or grossly negligent in starting fire • Occupant failed to warn FFs of a dangerous condition

  22. Strict Liability • Liability without regard to fault • Unreasonably dangerous activities • Most common • Explosives • Wild and dangerous animals • Nuclear reactors

  23. Strict Liability • Even intentional conduct of others will not stop liability • Economics • Damages or risk of harm must be incorporated into the price as a cost of doing business

  24. Strict Liability • Cost can be spread among users, as opposed to being borne solely by victims • Further incentive for involved parties to exercise utmost care

  25. Respondeat Superior • Employer is liable for acts of employee committed within scope of employment • Respondeat superior does not require negligence by employer • Employee wrongdoing must be within scope of employment

  26. Joint Liability • If the negligence of two or more parties causes damages to a plaintiff • Each is liable to plaintiff for 100 percent of damages • Defendants can later recover from each other a pro-rata share based upon fault

  27. Summary • Definition of negligence • Defenses to negligence • Fireman’s Rule • Gross negligence and recklessness

  28. Summary • Strict liability • Respondeat superior • Joint and several liability

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