Safety features airbags are standard Conduct of others when foreseeable

Safety features airbags are standard conduct of

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Safety features (airbags are standard) Conduct of others when foreseeable Legislatively imposed standards
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Negligence Per se - if law is broken that was intended to prevent injury and injury is caused negligence is automatically assumed Every state has statutory laws for this (property damages) State does not have to take to court to prove- save on costs Ex. breaking a traffic law and causing injury Proximate Causes (Causation) - general rule- P in a negligence action must demonstrate that the breach proximately caused the P’s alleged injuries D’s careless behavior directly linked to P’s injuries Proximate- close in relationship and direct- links in a chain (nothing crazy) Must be short domino effect- indirect injuries in court Independent Intervening Cause- “Breaks the chain” Cause that emanates from a third party or source to disrupt the causal connection between D’s careless act and P’s injury Key is foreseeability- intervening cause that can reasonably be foreseen by D is insufficient to break the chain Ex. Hurricane Katrina- people sued for damages for levys, didn’t work Factual Causation - “but for” (without) D’s act the injuries would not have happened Legal Causation - reasonable foreseeability of the resulting harm Has to be reasonable (throwing ball to deer jumping on kid) Damages - general rule- P must prove injury to person or property- some ability to recover for mental distress Can be physical, emotional, financial Emotional distress harder to prove- no tangible evidence Needs to be severe depression in order to be injury Can’t sue for embarrassment (tripping in club) Punitive damages not allowed for regular negligence- can’t be minor Future injury- cannot sue until actual injury has occurred- chance it won’t happen NEGLIGENCE DEFENSES Statute of Limitations - all torts have a deadline Certain amount of time when suit could be filed has passed Generally 2 years to file suit Clock starts when injury occurs Exception- you don’t know when injury occurs Ex. coma- starts when they wake up Or when P should have become aware. Ex. financials Best defense for negligence Comparative (Plaintiff’s) Fault - P puts himself in way of harm Contributory Negligence - if P contributed at all, P cannot sue Absolute defense- both P and D have been careless Comparative Negligence - proportional fault (%) P contributed 30%, D 70%- pay proportionally to damages judge/jury create percentages 50% rule - P cannot sue if they are >50% responsible No Fault System - state’s do not assign fault- everyone covers own damages There is no clear view of who was involved Don’t have to prove fault- Automatically says certain person is at fault ex. running a red light and causing injury (automatic negligence)
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Ex. workers compensation- can’t sue this system If people are injured they get paid out of fund Eliminates fake injuries INSURANCE
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