Negligence and Strict Liability

Also employers have a special duty which is special

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Also, employers have a “special” duty, which is ? Special duty of care: professionals While on the job, he/she must act as a reasonable person in her profession. Professionals owe a duty of ordinary care in the Professional is liable for the injury his or her negligence causes Liability is known as professional malpractice Special duty of care: hiring and retention Companies must beware because they can be liable for hiring or retaining violent employees. NOTE: for both of these “special” duties, the defendant is no longer has the duty as an ordinary person but a heightened duty. BREACH of DUTY Defendant breaches his duty of due care by failing to behave the way a reasonable person would under similar circumstances Negligence per se This applies when a defendant has violated a statute enacted to prevent a certain type of harm from occuring to a specific group to which the plaintiff belongs
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FACTUAL CAUSE and FORESEEABLE HARM Factual Cause If the defendant’s breach ultimately led to injury, he is liable. Does not have to be the immediate cause of injury, but must be the first in the direct line Proximate Cause To be liable, this type of harm must have been foreseeable Defendant does not have to know exactly what would happen-- just the type of event Res Ipsa Loquitur -- in a few cases, the defendant must prove he was NOT negligent or the facts imply that his negligence did not cause the injury Res ipsa loquitur is Latin, and when translated directly means the thing speaks for itself. Under the common law of negligence, the res ipsa loquitur doctrine indicates that a breach of a party's duty of care may be inferred from the events that occurred. In other words, the negligence is so obvious that you can tell that someone had a negligent hand in what happened. Basic negligence principles require that to prove a case, a party must owe a duty of care and then breach the duty of care. In other words, if one is responsible or controls something , such as property, that person is responsible for providing a reasonable amount of care to make sure that the property is safe. When an accident happens, it could be that the property owner breached his duty of care. However, with res ipsa loquitur , the breach is so apparent that there is a presumption of the breach of duty and the plaintiff does not need to provide extensive evidence, if any, of the breach. Thus, the negligence speaks for itself. Moreover, the doctrine indicates that the inference of the negligence is so strong that it does not matter if the harmed party behaved negligently. Again, here, it's so obvious that there was negligence, (even if the injured person was acting in a negligent way themselves), it will not matter; the negligence is presumed, regardless of these circumstances. In fact, the cases frequently do not include actual evidence of how the harmed party acted whatsoever.
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  • Fall '14
  • JosiahShowalter
  • Tort Law, Res ipsa loquitur

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