Chapter 19 - The Liability Risk (2) - The Liability Risk...

Info icon This preview shows pages 1–11. Sign up to view the full content.

View Full Document Right Arrow Icon
Chapter 19 RIL 211 The Liability Risk
Image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Agenda Basis of legal liability Law of Negligence Current tort liability problems
Image of page 2
Basis of Legal Liability A legal wrong is a violation of a person’s legal rights, or a failure to perform a legal duty owed to a certain person or to society as a whole Legal wrongs include: Crime Breach of contract Tort
Image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Basis of Legal Liability A tort is a legal wrong for which the court allows a remedy in the form of money damages The person who is injured (plaintiff ) by the action of another (tortfeasor ) can sue for damages Torts fall into three categories: Intentional, e.g., fraud, assault Strict liability : liability is imposed regardless of negligence or fault Negligence
Image of page 4
Law of Negligence Negligence is the failure to exercise the standard of care required by law to protect others from an unreasonable risk of harm The standard of care is not the same for each wrongful act. It is based on the care required of a reasonably prudent person
Image of page 5

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Law of Negligence Elements Negligence Existence of a legal duty to use reasonable care Failure to perform that duty Damage or injury to the claimant Proximate cause relationship between the negligent act and the infliction of damages A proximate cause relationship requires an unbroken chain of events
Image of page 6
Law of Negligence The law allows for the following types of damages: Compensatory damages compensate the victim for losses actually incurred. They include: Special damages , e.g., medical expenses General damages , e.g., pain and suffering Punitive damages are designed to punish people and organizations so that others are deterred from committing the same wrongful act
Image of page 7

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Law of Negligence The ability to collect damages for negligence depends on state law Under a contributory negligence law , the injured person cannot collect damages if his or her care falls below the standard of care required for his or her protection Under strict application of common law, the injured cannot collect damages if his or her conduct contributed in any way to the injury
Image of page 8
Law of Negligence Under a comparative negligence law , the financial burden of the injury is shared by both parties according to their respective degrees of fault Under the pure rule, you can collect damages even if you are negligent, but your reward is reduced in proportion to your fault Under the 49 percent rule, you can collect damages only if your negligence is less than the negligence of the other party Under the 50 percent rule, you can recover reduced damages only if your negligence is not greater than the negligence of the other party
Image of page 9

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Law of Negligence Some legal defenses can defeat a claim for damages: The last clear chance rule states that a plaintiff who is endangered by his or her own negligence can still recover
Image of page 10
Image of page 11
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern