NEGLIGENCE - NEGLIGENCE Generally defined as Conduct which...

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NEGLIGENCE
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Generally defined as: Conduct which falls below the standard established by law for the protection of others against an unreasonable risk of harm Conduct may be acting or failing to act Factors in determining “unreasonableness” Probability that harm will occur Seriousness of harm Social utility of conduct creating risk Cost of taking precautions to reduce risk i.e. cost/benefit analysis: risk vs. utility
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Elements of a claim of negligence Breach of duty of care (which is the )Proximate cause (of) Injury of a type protected by the law
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Breach of Duty of Care i.e. existence of a legal duty and breach thereof Legal Duty: Obligation imposed by law to conform to a particular standard of conduct toward another
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Standard of Conduct General standard is that of a “Reasonable Person,” that is Did the defendant exercise the degree of care that a reasonable person would exercise in the same circumstances? If not, there has been a breach of the duty of care
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Reasonable Person Standard (cont.) Objective standard However, some characteristics are taken into account Age Physical Disability Superior skill or knowledge
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Special Circumstances: Emergency Emergency: sudden and unexpected event that calls for immediate action Factors that make situation an emergency are taken into account in the “circumstances” I.e., what would a reasonable person have done in such an emergency?
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Negligence per se Statute may establish the standard of what a
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NEGLIGENCE - NEGLIGENCE Generally defined as Conduct which...

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