HRM 66 Negligence

HRM 66 Negligence - HRM 66 Negligence Four elements to the...

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HRM 66 Negligence Four elements to the tort of negligence: 1. existence of a legal duty to act reasonably 2. Breach of that duty 3. Injury to the plaintiff 4. Proximate cause First element- existence of a duty - a duty is not always owed - a duty to act reasonably exists only when we can foresee injury from our actions. Existence of a duty - example of a situation in which a duty is owed: o hotel has a duty to maintain fire ex in good reparo example of a situation in which no duty is owed: - if the condition causing the injury is not foreseeable, no duty exists to protect against it - for example: Ordonez v. Gillespie second element for negligence- breach of duty (jurors) - second element- breach of duty o failing to act reasonable; acting in such *leaving the key is the proximate cause customer- is the invitees duty owed- inspect, warn, repair (VERY IMPORTANT) - active vigilance required o inspection and discroy of dangerous conditions is critical to avoid liability licensees- employee who is picking up his check on a day off, conctractors, food
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HRM 66 Negligence - HRM 66 Negligence Four elements to the...

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