Negligence - Basics

Question 1

elements of negligence

Answer 1

1) duty
2) breach
3) causation (both factual and proximate)
4) damages

Question 2

res ispa loquitur

Answer 2

• “the thing speaks for itself”
• creates an inference (not a presumption) of negligence
• gets a plaintiff to a jury by protecting plaintiff from a directed verdict
• plaintiff must still meet it’s burden at trial in order to win case

Question 3

negligence per se

Answer 3

substitution of a regular duty of care with a local statute/law

To do so, plaintiff must show statute and plaintiff/harm were:

1) same class of people (that statute was designed to protected), AND
2) same type of harm (that statute was designed to prevent)

Question 4

The question of whether a duty is owed is a question for who?

Answer 4

judge

Question 5

The question of whether a duty has been breached by the defendant is a question for who?

Answer 5

the trier of fact