Some risks are so obvious that the owner need not

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Some risks are so obvious that the owner need not warn of them. But for children, other risks have to be warned.
c. The Duty of Professionals
III. Causation Is there causation of fact? Did the injury occur because of the defendant’s act, or would it have occurred anyway?
*Proximate cause can be thought of as a question of social policy. Should the defendant be made to bear the loss instead of the plaintiff? IV. Defenses to Negligence There are three basic affirmative defenses in negligence cases a. Assumption of Risk
A plaintiff who voluntarily enters into a risky situation, knowing the risk involved normally will not be able to recover. The requirements of this defense are knowledge of the risk and the 2) voluntarily assumption of the risk Risk can be assumed by express agreement or the assumption of risk can be implied by the plaintiff’s knowledge of the risk and subsequent conduct. However, risk are not deemed to be assumed in situations involving emergencies. b. Superseding Cause An unforeseeable intervening event may break the connection between a wrongful act and an injury to another. If so, the event acts as a superseding cause, that is, it relieves a defendant of liability for injuries caused by the intervening event. c. Contributory and Comparative Negligence Contributory negligence refers to the rule in tort law that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff’s own fault; used in a minority of states. Comparative negligence reduces the plaintiff’s recovery in proportion to the plaintiff’s degree of fault, rather than barring recovery completely; used in the majority of states. V. Special Negligence Doctrines and Statutes a. Res Ipsa Loquitur When negligence is very difficult to prove the courts may infer that negligence has occurred; then the burden of proof rests on the defendant to prove that he was not negligent (the facts speak for themselves). This doctrine is applied only when the event creating the damage or injury is one that ordinarily would occur only as a result of negligence.

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