2 did the defendant breach the standard of care

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2. DID THE DEFENDANT BREACH THE STANDARD OF CARE?
- What would a reasonable person do in this situation?
3. DID THE DEFENDANT’S CARELESS ACT OR OMISSION CAUSE THE PLAINTIFF’S DAMAGE?
Step 4: Was the Damage Too Remote? 4. WAS THE DAMAGE SUFFERED BY THE PLAINTIFF TOO REMOTE?
So hit the healthy person PURE ECONOMIC LOSS Financial loss that results from a negligent act where there has been no accompanying property or personal injury damage to the person claiming the loss Usually not compensable Defenses to Negligence 1. Contributory Negligence Unreasonable conduct by the plaintiff that contributed to, or partially caused, the injuries suffered i.e j-walking The court will reduce the plaintiff’s award by their own percentage of fault. 2. Voluntary Assumption of Risk No liability exists, as the plaintiff agreed to accept the risks inherent in the activity. The defendant must show the plaintiff accepted the physical and legal risks of the activity. You signed up for this/ volunteered for this - Negligent Misstatement - Sometimes negligence takes the form of work, such as where an incorrect statement is made carelessly.

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