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BLAW - Chapter 9 - Alex Fish Chapter 9 Negligence Elements...

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Alex Fish Chapter 9: Negligence Elements of Negligence: Negligence is the behavior that creates an unreasonable risk of harm to others. Negligent torts involve the failure to exercise reasonable care to protect another’s person or property. An Unfortunate Accident is an incident that simply could not be avoided, even with reasonable care To negligence case, the plaintiff must prove duty, breach of duty, causation, and damages. Duty: The plaintiff must prove that the defendant owes a duty to the plaintiff. The court uses the reasonable person standard in determining duty. o When courts attempt to determine whether a reasonable person owed a duty, they ask: How likely was it that the harm would occur How serious was the harm How socially beneficial was the defendant’s conduct that posed the risk of harm What cost would have been necessary to reduce the risk of harm Employers have a duty to their employees, businesses have a duty to their patrons, and landowners only have a duty to trespassers in two cases: attractive nuisance and known trespassers. Landowners also have a duty to expected guests, or licensees. There is a higher duty for people that are invited. Breach of Duty: One the plaintiff has proven that the defendant owed him duty of care, they must prove that the defendant’s conduct violated that duty. Causation: The plaintiff must prove both actual cause and proximate cause o Actual Cause is the determination that the defendant’s breach of duty resulted directly in the plaintiff’s injury. The courts ask if the plaintiff would have been
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