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Chapter 6

A. Negligence is the most common tort. B. Negligence is defined as the failure to exercise reasonable care toward others. C. Reasonable Person Test -what would a reasonable or prudent person do in similar circumstances?. Chapter 6. Slide 1. BHS Law Related Education Law II

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Chapter 6

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  1. A. Negligence is the most common tort. B. Negligence is defined as the failure to exercise reasonable care toward others. C.Reasonable Person Test-what would a reasonable or prudent person do in similar circumstances? Chapter 6 Slide 1 BHS Law Related Education Law II Chapter 6-2 Personal Injury Law V. Negligence

  2. A. The Doctrine ofStrict Liability is used to establish liability against a defendant without having to prove the elements of duty or breach of duty. B. Strict Liability applies when someone is injured by something that is inherentlydangerous. Examples of cases where the Doctrine ofStrict Liability may be applied include; 1. Ownership of dangerous animals. 2. Manufacture and sale of defective products. Chapter 6 Slide 2 BHS Law Related Education Law II Chapter 6-2 Personal Injury Law VI. Strict Liability

  3. You Are The Lawyer

  4. A. Even where the plaintiff can show all the elements of negligence, the defendant can still prevail by asserting a valid defense. B. There are two primary legal defenses to a claim of negligence in New Jersey: 1) The Doctrine of ComparativeNegligence 2) The Doctrine of Assumption of Risk Chapter 6 Slide 4 BHS Law Related Education Law II Chapter 6-2 Personal Injury Law VII. Defenses to Negligence

  5. 1) The Doctrine of Comparative Negligence a) Most states (NJ Included) have adopted the Doctrine of Comparative Negligence as a defense. b) Under the Doctrine of Comparative Negligence the liability of both parties is measured on a 100% scale. c) The amount of money the jury awards the plaintiff is reduced by the % of negligence the jury attributes to the plaintiff. d) In the event the jury finds theplaintiff to be greater than 50% at fault, the plaintiff is barred from recovery. Chapter 6 Slide 5 BHS Law Related Education Law II Chapter 6-2 Personal Injury Law VII. Defenses to Negligence

  6. You Are The Jury Trip & Fall Example

  7. 2) Assumption of Risk a)The legal Doctrine of Assumption of Riskis a defense to negligence that bars recovery if the plaintiff voluntarily engages in conduct that is inherently dangerous. b) The requirements to establish the defense of assumption of risk are: 1) Voluntary engages in activity. 2) foreseeability of the risk. Chapter 6 Slide 7 BHS Law Related Education Law II Chapter 6-2 Personal Injury Law VII. Defenses to Negligence

  8. c) ForeseeableRisk-a danger which a reasonable person should anticipate as the result from his/her actions. Examples:Is there a foreseeable risk? A skier hits a bump on a ski run, falls and is injured. Someone playing football suffers a concussion. A person attending a baseball game is hit by a ball. Chapter 6 Slide 8 BHS Law Related Education Law II Chapter 6-2 Personal Injury Law VII. Defenses to Negligence

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