Why allow statutes to set standard of care statutes

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4.WHY ALLOW STATUTES TO SET STANDARD OF CARE?Statutes set baseline of safety.Puts people on notice of level of care required.5.SHOULD COMPLIANCE WITH STATUTE MEAN “NO BREACH”?NO. Still must prove RPP standard.Statute cannot cover all possible breaches.Statutes set minimumlevel of safety, not maximum.Legislature who make statutes only respond to needs of constituents which is not necessarily good for everyone.6.Statues can create a PRIVATE RIGHT OF ACTION for violation.Ex:“Any person injured as a result of reckless non-compliance with this statute shall have the right to sue for actual damages”Can only recover under one theory:Either Negligence in Tort ORPrivate Right of Action Through StatuteMost people choose this because it usually allows more money in recovery.7.Statute can PREEMPT TORT LAW (Tort Reform)Ex:“No common law suit for negligence may be filed alleging lack of due care due toviolation of this statute”8.Martin v. Herzogcar hits buggy on dark road. killed in collision. claims violated statute by crossing over centerline into oncoming lane. claims violated statute by not having lights on at night.Lower court said lack of lights was not conclusiveevidence of negligence. Appeals Court said contributorily negligent for violating statute. Verdict for .18
II.NEGLIGENCEJ)STATUTORY VIOLATION AND TORTS (cont)9.Brown v. Shynewas paralyzed by treatment from chiropractor.violated licensing statute by practicing without licensee.Trial Court told jury that violation of statute constituted negligence which caused injury.Appeals court said violation of stature was not proximate cause of injury. Negligent treatment was cause. Verdict for .DISSENT: Violation of statute was proximate cause since not being licensed showed did not have required skill.K)STANDARD OF CARE:ROLE OF JUDGE AND JURY1.In certain situations, judge will keep decision of negligence from jury.Ex: In statutory violation, judge will tell jury they MUST find negligent if he violated statute.This done so court can say that a reasonable jury SHOULD NOT find for because it would be unreasonable to do so.2.The jury will be allowed to determine questions of REASONABLENESS.L)RULES RELATING TO PROOF OF NEGLIGENCE1.The in a tort suits bears the burden of proof in each element of the case.Burden of ProductionMaking out the Prima Facie case.Burden of PersuasionPersuading jury by preponderance of evidence that was negligent.2.RES IPSA LOQUITORAllows jury to determine if circumstantial evidence is adequate to show BREACH. Can also creep into CAUSATION problems.

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