torts ppt - 1 In fact 2 Proximate cause Proximate Cause The...

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TORT French word for “wrong” A tort is a civil, non-contractual wrong
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Examples of Torts 1. Automobile accidents 2. Burns from hot coffees 3. Slip-and-fall accidents 4. Dog attacks 5. Fallen trees 6. Food Poisoning 7. Trespasses
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Negligence The big tort Not intentional, but should be accountable
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4 elements to prove negligence: 1. Duty of care 2. Breach of that duty 3. Harm 4. Causation To prove negligence, you need all 4 elements.
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Duty of Care To whom?
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Breach of that Duty Measured by the reasonable person standard
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Objective standard for adults Based on what an adult reasonably should know to do or not to do
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Children are held to a subjective standard, based on the child’s own knowledge and experience
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Causation For a successful negligence, strict liability, or breach of warranty suit, there must be harm and a causal link between the alleged problem and that harm
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There are 2 Types of Causation: 1. In fact 2. Proximate cause
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Unformatted text preview: 1. In fact 2. Proximate cause Proximate Cause The key proximate cause issue is forseeability – The Palsgraf case No Respondeat Superior for parents Parents are not automatically liable for the torts of their children Respondeat Superior The doctrine by which the employer is vicariously liable for the negligence of its employee acting within the scope of employment Res Ipsa Loquitur • Res ipsa loquitur applies if: The instrumentality that caused the harm was under the exclusive control of the defendant(s) and the harm that occurred ordinarily only happens because of negligence • “The thing speaks for itself” Medical Mistakes in Outpatient Settings The Wall Street Journal. Aug 29, 2002. p. B3 24% 20% 19% 13% 8% 8% 8% Communication errors Discontinuity of care errors Abnormalities Missing values and charting Prescribing errors Clinical mistakes Other...
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