Essay issues - Negligence

Question 1

Negligence

Answer 1

To establish a case for negligence, a plaintiff must prove duty, breach, causation, and damages.

Question 2

Duty

Answer 2

A duty of care is owed to all foreseeable people that may be injured by defendant’s failure to meet the reasonable standard of care. Under the majority view, a defendant is only liable to plaintiffs w/in the zone of foreseeable harm. Under the minority view, a defendant owes a duty to all harmed.

Question 3

Standard of care

Answer 3

The standard of care is that of a reasonably prudent person under the circumstances, measured objectively.

Question 4

Breach

Answer 4

Defendant will be in breach of his duty if he fails to meet the applicable standard of care.

Question 5

Negligence per se

Answer 5

When a statute imposes upon any person a specific duty for the benefit or protection of others, a violation of the statute will constitute negligence per se.

1. Statute - Write out the statute.
2. Class of person - In order for the statute to apply, P must be in the class of ppl meant to be protected by the statute.
3. Type of harm - P must have suffered the type of harm the statute intended to protect against.
4. Causation - If the statute applies, D will be liable if his violation of the statute proximately caused harm to P.

Question 6

Causation

Answer 6

To be liable, D’s act must be the actual and proximate cause of P’s injury.

1. Actual cause - P must show that but for D’s act, P’s injury would not have occurred. If there are multiple causes, D will be the actual cause if he was a substantial cause of P’s injury.
2. Proximate cause - P must show that his injuries were the foreseeable result of D’s act.

Question 7

Intervening cause

Answer 7

An intervening cause is an outside force that contributes to the P’s harm after D’s act has occurred. If the intervening cause is unforeseeable, it is a superseding cause and cuts off D’s liability.

Question 8

Damages

Answer 8

P must prove actual injury; not just economic loss.

Question 9

Defenses

Answer 9

Contributory negligence - P’s negligence is a complete bar to recovery.

Comparative negligence - P’s damages are reduced by his negligence.

Assumption of risk - P’s recovery is barred if he voluntarily and knowingly assumed the risk.

Question 10

Trespassers duty

Answer 10

Trespasser enters land w/o consent.

A duty to refrain from willful, wanton, intentional, or reckless misconduct.

Discovered trespassers - Must warn or protect from hidden dangers.

Question 11

Licensees duty

Answer 11

Licensee enters land w/ express or implied permission.

Land possessor has a duty to make the property reasonably safe or warn licensees of concealed dangers.

Question 12

Invitees duty

Answer 12

Invitee enters land for business purpose.

Land possessor has a duty to use reasonable care to inspect the property, discover dangerous conditions, and take reasonable steps to protect the invitee from them.

Question 13

Attractive nuisance doctrine

Answer 13

Land possessor may be liable for injuries to children trespassing on the land if an artificial condition exists in a place where the owner knows or has reason to know that children are likely to trespass; the artificial condition poses an unreasonable risk of death or SBI; the children cannot appreciate the danger; utility of maintaining the condition is slight compared to the risk of injury; and land possessor fails to exercise reasonable care.