Negligence

Question 1

Duty

Answer 1

1. What a reasonable person would do under the circumstances
2. Reasonable expectation that will use the best technology that is reasonable

Question 2

Breach

Answer 2

1. Hand formula(B>PL): When severity of injury (L) times the probability of injury (P) is less than the burden to implement precautions (B) that may eliminate or reduce probability of injury there is no liability or negligence

Question 3

Negligence Factors

Answer 3

1. Duty
2. Breach
3. Causation
4. Damages

Question 4

Causation

Answer 4

Causal connection between the conduct and the resulting injury

Question 5

Damages

Answer 5

Actual loss or damage resulting to the interests of another. Plaintiff suffered legally cognizable harm. (Least important of the analysis jury determines damages if liability)

Question 6

Hand Formula

Answer 6

Breach > Probability of the Injury X Severity of Injury

Question 7

Cause-in-fact

Answer 7

“but” for defendant’s breach of duty, plaintiff would not have been harmed

Question 8

Legal or “proximate” cause

Answer 8

It was foreseeable that the defendant’s failure to exercise reasonable care would cause harm.

Question 9

Negligence Per Se

Answer 9

If there is negligence because of violation of a specific statute, then it is negligence per se.

Applied when the person accused of negligence has violated the law. Typically, the fact pattern will provide the statute unless the law the person violated is common knowledge.

Question 10

Andrew’s View of Proximate Cause (Dissenting in Palsgraf)

Answer 10

All plaintiff’s are foreseeable in the chain of events. Lowered standard of liability for defendant

Question 11

Cardozo’s View of Proximate Cause (Majority in Palsgraf)

Answer 11

Only plaintiff’s that are in the “zone of danger” are foreseeable. Higher standard for liability for defendant