Joint and several liability the joint portion of this liability means that each

Joint and several liability the joint portion of this

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Joint and several liability- the “joint” portion of this liability means that each defendant may be held responsible for the entire loss caused to the plaintiff Negligence The negligence cause of action is the most important method of redress existing today for persons injured accidentally (nothing about intent in here) Elements - Duty: The defendant owed the plaintiff a duty of due care - Breach: That the defendant breached that duty of due care - Causation: That the defendant’s breach proximately caused the injury - Damages: That the plaintiff suffered injury Duty General rule= we each owe a duty to every person who we can reasonably foresee might be
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injured our carelessness (***you have a duty to the people around you, people you have a relationship with, duty to not hurt the people around you) Other factors courts have taken into account include: The foreseeability of harm to the plaintiff The degree of certainty that the plaintiff suffered injury The closeness of the connection between the defendant’s conduct and the injury suffered The moral blame attached to the defendant’s conduct The policy of preventing future harm The extent of the burden to the defendant and consequences to the community of imposing a duty to exercise care with resulting liability The availability, cost, and prevalence of insurance for the risk involved Otis Engineering Corp v Clark Facts Knew the employee was drunk Does not have to be an action, can also be an inaction that is negligent Wanted him off machines for his safety Walked him to parking lot and asked if he could make it home Employee struck and killed two people Other solutions the employer should have tried Old Rule Generally there is no legal duty to come to the aid of another, but once you do you must act with reasonable care New Rule “Standard of duty that we now adopt for this and all other cases currently in the judicial process, is: when, because of an employee’s incapacity, an employer exercises control over the employee, the employer has a duty to take such action as a reasonably prudent employer under the same or similar circumstances would take to prevent the employee from causing an unreasonable risk of harm to others” Duty of landowners (different levels) - Invitees - One invited by the owner or the occupier who enters for the benefit of the owner or occupier, such as a customer at a store - May sue under the ordinary rules of negligence - Licencees - One who has a right to come onto the property for self benefit, such as a salesman or a neighbor dropping in uninvited - May sue for hidden dangers they should have been warned about and intentional torts - Trespasser
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