Torts MEE Rule Statements

Question 1

Negligence

Answer 1

A plaintiff must prove:

(1) that Defendant OWED A DUTY OF CARE to the plaintiff;

(2) Defendant BREACHED that duty;

(3) the breach was the ACTUAL AND PROXIMATE CAUSE of the plaintiff’s injury;

(4) the plaintiff suffered DAMAGES

Question 2

General Duty of Care

Answer 2

(1) A duty of care is OWED ONLY TO FORESEEABLE plaintiffs

(2) the standard of care is to behave like a REASONABLY PRUDENT PERSON

Question 3

Breach of Duty

Answer 3

When a defendant’s conduct DOES NOT MEET/FALLS SHORT OF of the level required by the standard of care.

Question 4

Negligence Per Se

Answer 4

Negligence per se is an

UNEXCUSED STATUTORY VIOLATION that carries a regulatory or criminal penalty* ESTABLISHES A CONCLUSIVE PRESUMPTION of both duty and breach of duty.

Requires :
1. P to be in the protected class
2. The statute was designed to prevent the type of harm suffered by the plaintiff

Question 5

Res Ipsa Loquitur

Answer 5

Plaintiff may establish the element of breach by showing that the injury is

(1) the type that WOULD NOT OCCUR UNLESS SOMEONE WAS NEGLIGENT

AND

(2) the NEGLIGENCE IS LIKELY ATTRIBUTABLE TO THE PLAINTIFF

Question 6

Actual Causation (describe the ways to show).

Answer 6

Defendant’s negligent conduct was the cause of Plaintiff’s injury.

Actual causation can be shown by the BUT FOR TEST, which is but for the Defendant’s conduct, Plaintiff’s injury would not have occurred.

Actual cause can be shown when there are several causes of the injury, and the Defendant’s conduct is a SUBSTANTIAL FACTOR in causing the injury

UNASCERTAINABLE: The burden of showing actual cause may be shifted to the defendants when there are two acts and only one has caused the injury.

Question 7

Proximate Causation (Explain intervening and supervening forces.

Answer 7

Proximate causation limits the Defendant’s liability to only FORSEEABLE consequences of their negligent conduct.

A defendant is still liable when their negligent conduct combines with a FORSEEABLE INTERVENING FORCE.

A defendant is not liable when their negligent conduct combines with a UNFORSEEABLE intervening force which is called a SUPERSEDING FORCE that BREAKS THE CASUAL CHAIN BETWEEN THE DEFENDANT’S CONDUCT AND THE PLAINTIFF’S INJURY.

Question 8

Negligence Damages

Answer 8

Plaintiff must show that they suffered damages.