Chapter 5 outline - Chapter 5 I) Principles of Negligence...

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Chapter 5 I) Principles of Negligence a. Objectives i. To help understand and elucidate the subject manner surrounding negligence and facility compensation. b. Negligence i. Definition 1. Breach of a legal duty to act reasonably that is the direct, or proximate, cause of injury to another. ii. Elements 1. The plaintiff in a negligence case must prove four elements. a. The existence of a legal duty to act reasonably owed by the defendant to the plaintiff b. A breach of that duty c. Injury to the plaintiff d. Proximate cause iii. Further Explanation 1. Existence of a duty to act reasonably a. We only owe the duty to act reasonably to those that we could or would foresee being injured by our actions 2. Breach of Duty a. An establishment owes its patrons the action of reasonable care, if not, they are breaching their duty to act reasonably i. Examples: 1. Restaurant cannot serve rancid food 2. Hotels’ failure to maintain the floors. 3. Hotels’ owe patrons the duty to maintain fire extinguishers. 3. Reasonable Person Standard a. A judges tool to help understand the case better by using an imaginary person that is “prudent” “cautious” “reasonable” and does not venture from such actions. b. Allows the judge to see if the defendant could’ve caused such injury based upon a breach of duty/ 4. Proximate Cause a. Definition i. Refers to the direct and immediate cause of an injury b. The legal limit on liability, it is a policy decision that the defendants conduct and the plaintiffs injury may be too remote for the law to allow recovery.
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i. An independent act of a third party cannot be foreseeable to the defendants, provided that such action was not caused by the defendants, c. Preexisting injuries i. Do not count as proximate cause unless the condition was aggravated. d. Intervening/ Superceding Occurrence i. Actions by the plaintiff that occur before, during or after an event that are the direct cause of an injury, that allow the liability to be removed from the defendant. e. Injury i. Example ,but not limited to, bodily harm, property damage, emotional suffering or monetary loss. iv. Legal Status of Plaintiff 1. Definition a. The level of duty care that is owed by a hotel or restaurant for the safety of its patrons. b. The greatest degree of care is owed to an invitee, the next greatest to a license and the least to a trespasser 2. Duty owed to Invitees a. Definition i. Invitee is someone who comes to an establishment for the purpose for which the business is open to the public, or for a purpose directly or indirectly connected with that business. 1.
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This note was uploaded on 03/18/2008 for the course HRIM 405 taught by Professor Oldguy during the Spring '08 term at Pennsylvania State University, University Park.

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Chapter 5 outline - Chapter 5 I) Principles of Negligence...

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