BLAW 280 NEGLIGENCE - amount of responsibility of each of...

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NEGLIGENCE The prima facie case for the tort of negligence is: 1. Duty of Due Care The defendant must have owed a duty to act with due care toward the plaintiff. Whether such a duty exists depends on whether or not it would have been foreseeable that actions by the defendant could result in injury to the plaintiff. 2. Breach of Duty The defendant must have failed to act as a reasonable person would have acted under similar circumstances. 3. Causation Had the defendant not acted in the way he did, the plaintiff would not have suffered the injuries that did occur. [Foreseeable Harm] This is essentially the same thing as Duty of Due Care. 4. Injury or Damages The plaintiff must have suffered genuine harm as a result of the defendant’s negligent conduct. Comparative Negligence In many states (including California) the court must determine the
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Unformatted text preview: amount of responsibility of each of the parties involved for causing the injuries of the plaintiff. The plaintiff will be able to recover from the defendant only that proportion of his damages that was caused by the defendant. EXAMPLE: Morton was driving his car on Ventura Boulevard. His car collided with a car driven by Martine. Morton’s damages – medical and hospital bills as well as damage to property – were determined by the jury to amount to $400,000. The jury determined that Martine was 75% responsible for producing Morton’s injuries; the jury also determined that Morton himself was 25% responsible for causing his own injuries. Martine will be required to pay compensation to Morton for 75% of his damages -- $300,000....
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BLAW 280 NEGLIGENCE - amount of responsibility of each of...

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