w-8 - April 1 Notes Alexandra Moxley CHAPTER 7NEGLIGENCE...

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April 1 Notes Alexandra Moxley
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CHAPTER 7–NEGLIGENCE AND STRICT LIABILITY (cont’d) Negligence (cont’d) Review of elements of a negligence claim… 1. Duty 2. Breach 3. Causation 4. Inury Causation of Injury 221-231 Defendant’s acts must be actual cause and proximate cause of plaintiff’s injury for defendant to be liable o Actual cause ( chain of events) “but for” defendant’s breach, injury would not have happened Defendant’s breach was “substantial factor” in causing injury (ex. Two people try to shoot guy and he dies, who’s at fault?) o Proximate cause (cant have proximate without actual) Injury is “natural and probable consequence” of defendant’s breach Injury is within “scope of foreseeable risk” Intervening Cause : unforeseeable act or event occurring after defendant’s acts that contributes to plaintiff’s injury (someone makes it worse) o Foreseeable intervening cause does NOT prevent liability for intervening injury o Unforeseeable intervening cause DOES prevent liability for intervening injury - Reasonably foreseeable o what do they consider to be foreseeable? Thin Skulled Plaintiff” Rule : Defendant “takes his victims as he finds them” o Aka. The extent of the plaintiff’s injury does not have to be foreseeable (just the injury in
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