2 p must prove that he is a member of the class that

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2. P must prove that he is a member of the class that the statute was intended to protect and that the harm he suffered was the type the statute was intended to prevent. 3. This code only applied to commercial vehicles – as a society we’re more willing to make corporations follow certain rules b/c they can defray the cost. c. Wawa Mutual Ins. v. Matlock – boys smoking cigarettes; trespass onto a storage facility. One boy dropped cigarette between phone polls, starts a fire. 6
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1. Harm that occurs must be the kind the statute is designed to prevent. i. Statute makes it illegal to sell tobacco to minors has nothing to do with fire prevention. (it was enacted for health reasons) ii. To show negligence per se, need to prove the 1) protected category of person and 2) intent of the statute. 2. Subrogation: means that the rights that Eric (boy 1) had to sue Timothy (boy 2) for reimbursement now belonged to the insurance company d. Nettleton v. Thompson – P looking to buy D’s house, fell on step, and alleges that stairway did not meet building codes, and failure to maintain according to statute was negligence per se. D unaware that the stairway violated code – ignorance not an excuse. An invitee situation. 1. Exceptions/excuses: a D can still be found not liable (very hard to prove) i. Anything which makes compliance impossible ii. When driver has no control iii. An emergency causes the accident iv. An other excuse specifically provided by statute 2. Prima Facie – evidence that is sufficient, if not rebutted, to prove a particular proposition or fact. 2. Industry Custom – custom is relevant, but not conclusive. a. The TJ Hooper – tugboat sunk barges in storm, did not have radio. Weather forecast would have prevented sinking; radio was not industry custom yet. 1. Lack of radio made vessel unseaworthy – liable 2. Rule; even if there is an industry custom, if that custom is bad, courts will not use it. Custom is not always a high enough level of care. b. Beard v. Goodyear Tire & Rubber Co – fraudulent charges on Beard’s card (his girlfriend), claimed card negligently issued w/o verifying application info – not an exercise of due care. 1. Expert testimony required to establish applicable standard of care (which is industry standard) w/ respect to negligence b/c jury wouldn’t know what reasonable behavior is in this instance. c. Industry Standard: 1. Does not establish standard of care – just evidence of it 2. Would want to know choices available to industry to avoid harm 3. Tort law can force industry to a certain standard of care 4. Industry policy established a cost/benefit scale i. Argument in favor of P, benefiting the company 3. Res Ipsa Loquitor – “the thing speaks for itself” a. Res Ipsa – common sense tells us barrels don’t fall out of the window by themselves (no expert test needed).
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Christopher Reinemann
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