Negligence - Breach of Duty - Assessing Foreseeable Risks and Costs Flashcards
Breach of Duty
To act in a way that creates unreasonable risk of harm. To prove negligence, you must identify a negligent act and an alternative
Foreseeability of Harm and Questions for the Jury
It is the jury’s job to assess the foreseeable results of conduct
Foreseeability
Foreseeability is based on the exact situation. Foreseeability can mean the harm is foreseeable but also too likely to occur to justify risking it without taking extra precautions. Conversely, unforeseeable can mean the harm is foreseeable but the chance of harm is so low that a reasonably prudent person would not take safety precautions against it
Pipher v. Parsell
Negligent Driver
A driver owns a duty to his passengers and the public to assess foreseeable risks and minimize them. A passenger grabbed the wheel once and the driver didn’t do anything to prevent the passanger from doing it again.
The Neccessity of Foreseeability
Foreseeability is necessary to prove negligence. A person is negligent only if his conduct created a foreseeable risk and the person recognizes it, or a reasonably prudent person would recognize it, as a risk. When a reasonably prudent person in the defendant’s circumstances would not foresee danger, the defendant is not negligent.
Third Party Liability
A third party who causes an actor to breach his duty is only liable if the third party knows or has reason to know that her action would cause the breach.
Limones v. School District of Lee County
Jury Decision for Breach
It is for the jury to decide whether a breach occurred. High school soccer player got hurt and needed to be revived by an AED. School had one but didn’t use it so student got brain damage. Lower courts granted summary judgment, but supreme court of the state said it should go to the jury.
Indiana Insurance Company v. Mathew
Emergency Doctrine
Human life is valued over property. The emergency doctrine only prevents people who cause the emergency from using it. Mathew didn’t cause the emergency and acted as a reasonably prudent person would act. The costs of the damage to the garage were far outweighed by the value of Mathew saving his life.
Stinnett v. Buchele
Knowledgable Employee’s Responsibility
An employer is not negligent in not providing a safe place to work when the employee’s knowledge of the danger is equal, if not greater, than the employer’s. Plaintiff was an experience painter who knew about proper safety devices but didn’t ask for or get them on his own. He fell while painting a roof.
Halek v. United States
Unlikely Risk
If a risk is so obvious that it’s unlikely to happen, then there is no need to eliminate the risk.
Herron v. Hollis
Third-Party Protection
Sometimes a person hasn’t breached her duty if she relied on a third person to protect the plaintiff. Ex. parents watching their child in someone else’s pool.
Bernier v. Boston Edison Co.
When designing anything, a company should consider the environment for the foreseeable harm. If there’s a high volume of traffic, even a low probability of an accident happening warrants extra safety precautions. A company is negligent if it doesn’t take safety features into account when building poles likely to be hit by cars. Plaintiff got injured wheen a driver hit one of Defendant’s electric pole, which bent and fell on Plaintiff.
Parsons v. Crown Disposal Co.
Social Utility and Foreseeability
Social utility sometimes outweighs foreseeability. Plaintiff’s horse got spooked by a garbage truck and he fell off. Defendant wasn’t liable even though it was foreseeable that the noises from the truck would spook a horse because garage collection is vital.
United States v. Carroll Towing Company
Calculation for Damages
Formula to calculate damages – burden of taking precautions (B), probability of an accident (P), magnitude of harm (L). If B < P x L, the property owner has a duty to act to take precautions to prevent injury.
Factors Whether Conduct is Negligent
- Foreseeable likelihood that the conduct will cause harm
- Foreseeable severity of the harm if it happens and
- The burden of lessening or eliminating the risk
Restatement (Third)
