Download Negligence - White Plains Public Schools

Negligence
Mr. Lugo
Negligence
We have established standards of care that society expects from people.
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Negligence is conduct that falls short of this standard.
 Elements needed to prove negligence:
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Duty
Breach of duty
Conduct caused harm
Damages were suffered by plaintiff
Negligence
Duty & Breach
The reasonable person standard:
If you are unreasonable & damage is caused –
you are liable for damages
Law assumes reasonable people don’t break the
law
Therefore, if law is violated, the person is
automatically negligent if there is damage
Conduct is compared within your field
Carpenters are more skilled than ordinary people
Minors compared to their age group
Cause
This element has two parts:
1. Cause in fact
 If harm would not have occurred – the
act is the cause
2. Proximate cause
 The harm caused must be foreseeable
Damages
Must prove economic harm
Hospital bills, lost wages, property damages,
reduced future earnings
May also have non-economic harm
Pain & suffering, mental distress, permanent
physical loss
Some states require economic loss to get noneconomic loss
Negligence defenses
1. Contributory negligence
 Plaintiffs can’t recover damages if
their negligence led to the harm
 Is this fair?
2. Comparative negligence
 Jury compares the degree of fault
3. Assumption of risk
Strict Liability
The defendant is liable to the plaintiff
regardless of fault
 Proving negligence requires 4
elements – strict liability needs only
2:
1. Causation
2. Damages
Strict Liability
Examples of unreasonably dangerous activities:
Demolition company
Waste treatment plant
Chemical manufacturer
Owning dangerous animals
Defective products
Strict Liability
Defenses:
1. Argue that it should not be a strict
liability standard
2. There is no causation
3. There are no damages
4. That the consumer has misused the
product
Tort Reform
Concerns:
1. Unreasonably high awards to plaintiffs
2. Expense of going to court (fees, lawyers)
3. Civil cases take too long
4. Complicated laws. Difficult to determine fault
5. Prices have risen due to insurance needed for
protection
Student Practice/ Application:
1. Read pages 260-263 in Street Law
textbooks.
2. Complete the You be The Judge
Activity on page 263.
3. You are to utilize information from
previous PowerPoint presentations,
textbook readings, and their knowledge
of Social Studies when determining your
answers.