Outline w/ Deff Torts Flashcards
Regular Negligence
Duty
* I only owe a duty to foreseeable plaintiffs who are in the zone of danger.
o If someone is a foreseeable plaintiff my standard is to act like a reasonably prudent person
Breach
Failure to comply with duty of care.
Causation 2 kinds:
Actual and proximate
Actual= but for test
o But for my actions nothing bad would have happened in the first place
Proximate cause= foreseeability
o Was it foreseeable.
o If have 1 and not other then there will be no causation
Damages
Actual physical injury must happen to sue for negligence damages
o No physical injury no win
Intervening and Superseding Causes
“Intervening
If its foreseeable its intervening cause meaning D will pay for all of the damages
Superseding
Its unforeseeable and cuts off D liability. Only pay for orig act of negligence.
o If its act of God, intentional tort or a criminal act then its unforeseeable and superseding and cuts off liability.
o If the facts dnt tell u its superseding by default it means its intervening and D will pay for everything.
Violation of the law
Negligence per se
Has nun to do with negligence
1. A violation of an ordinance, staute
2. The injured party is part of a protected class of people the statue was designed to protect and
3. The injury is the kind of injury we were trying to prevent.
Joint and several liability
2 or more defendants cause a single accident. We don’t know the percentage of fault for each Defendant. We just know that 2 or more people hit John. All defendants are jointly and severally liable for all the damages which means that John can choose 1 of the defendants and recover all his damages.
This has been abolished in FL
Pure Comparative Negligence
This is now modified comparative negligence
P is also negligent as well. They will still recover but their damages will be reduced by their percentage of fault.
P will recover if they are 50% or less liable if more no recover.
Vicarious Liability
An employer is liable for the negligent acts of their employees as long as the employee was acting in the scope of their employment.
o The employer is not liable for the intentional acts or torts of the employees.
o Independent contractor: someone who hires an independent contractor is not liable for their negligent actions. Unless
o** Exception**
The work the contractor is doing is abnormally dangerous activity. Then person who hired the indep contractor will be responsible.
Or the contractor is doing a nondelegable duty: those duties that are work, involves safety or the benefit of the public at large (other people). The person who hired the indep contractor will be liable.
“AKA”: independent contractors generally not liable unless
Abnormally dangerous activity
Non delegable duty
Sovereign Immunity
*Deff: The government/ state is gen immune from neg acts of their EEs.
o Operational while EE was driving in the car doing their job if they do neg they can be sued.
During course of their actual work and screw up
Ie cop driving in cop car chasing person in res neighborhood and hit sum1 can be sued
o If planning or discretionally and in planning of what was doing committed neg their immune
Ie if city building park and in planning stages no had enough lights in rt places and u get mugged cause no one could see that was in planning stages and gov will argue they immune
Punitive
* Deff: Will be awarded when by clear and convincing evid you can prove that someone acted intentionally, willfully, wantonly or with gross negligence.
* How much in FL: 3X compensatory damages or $500K which ever is greater.
- There is no cap if your conduct is intentional.
- Rarely awarded
Products Liability List
Regular negligence
breach of warranty
SPL
products liability
Breach of warranty
if theres a sticker, a pamphlet, a brochure, a promise on the part of the company how the product is going to act or perform that called a warranty.
Strict Products liability
Product Liability
- Defective product
a. Manufacturing defect, design defect - Sold by a commercial seller
a. Someone in the business of selling the product - Foreseeable user
- Used in manner it was intended
- Product unchanged
If the product left the manufacturer in a defective condition, sold by a commercial seller, sold by somebody in the business of selling the product a foreseeable user used the product and they use it in the manner in which it was intended and the product hasn’t been changed since it was manufactured
Defamation Definition
Definition:
1. False statement
2. About plaintiff
3. Hurts reputation
4. Publication
5. Damages
Defamation
Who
Private Person
If a private person (a regular person) is being defamed they have to prove that you acted negligently as to the truth.
Public Person
A public figure is someone who puts themselves out there into the public. Someone who wants to be known by everyone.
If you are a public figure and you are being defamed you have to prove that they acted with malice
Malice: they acted with reckless disregard of the truth. They knew or should have known it was false and they said it anyway.
Defamation
What
Libel
Written or printed, no special/ pecuniary damages
Slander
Spoken, must prove special damages
Slander per Se
1. You say something about ones profession or business
- The chastity of a woman.
- A crime of moral turpitude: now that’s a crime of a felony
- You say someone has a loathsome disease in public.
a. Think STD.
Defamation
Defenses
Truth
Truth is the absolute defense
Absolute Privilege
A privilege to make statements in any official proceeding. Statements made in the course of official proceedings are protected.
Qualified Privilege
- Statement appears necessary to protect Defendant’s/public’s interest
- Honest and reasonable belief
