Chapter7 - CHAPTER 7 Negligence Basic Principles Negligence...

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CHAPTER 7
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Negligence: Basic Principles Negligence Failing to exercise standard of care Creating a risk of consequences Does not require intent to bring about consequences Actionable negligence requires: 1. Duty of care 2. Breach 3. Causation 4. Legally recognizable injury
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Negligence: Duty of Care Duty of Care The duty of all persons to exercise reasonable care in their dealings with others Reasonable Care Degree of care expected of a “reasonable person” Not necessarily how a reasonable person would act, rather how a reasonable person should act Presumes that the reasonable person should be attentive, aware, careful, even tempered, and honest Generally, no duty to rescue May be duty if you create peril
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Negligence: Premises & Professionals Duties of Landowners Expected to exercise reasonable care to protect persons coming onto their property Business Invitees Retailers /businesses that invite people to their premises are expected to exercise reasonable care against foreseeable risks that know or should have known Requires warning unless risk is obvious Slip and fall cases” Duties of Professionals Individual with superior knowledge or skill held to standard of care of a reasonable person with similar knowledge or skill Malpractice - Doctors, dentists, lawyers
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