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Neesters
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Negligence
- (1) Duty on part of D to conform to a specific standard of conduct
- (2) breach of duty
- (3) actual and proximate cause
- (4) damages
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Standard of Care - Generally
Duty of care owned to forseeable plaintiffs. Reasonable person standard
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Standard of Care - Violation of a statutory standard
- A breach imposed by statute, ordinance, or admin rule may be considered IF:
- (1) P is class of persons intended to be protected by statute and
- (2) the statute was designed to prevent the type of harm to the plaintiff suffered
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Standard of Care - Commercial Host
Commercial host is held to a high degree of care and will be liable for strict neglignce
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Standard of Care - Types of people on the property and duties owed
- Invitee - response to invitation by landowner
- (1) warn of dangerous condition known to the owner that create un unreasonable risk of harm to the invitee and that the invitee is unlikely to discover
- (2) excercise rasonable care in the conduct of the active operations on the propert
- (3) make reasonable inspecitions to discover nonobvious dangerous conditions and make them safe
- Licensee - enters land with permission, express or implied, for his or her own purpose rather than possessor benefite.
- (1) duty to warn licensee of known dangerous condition which creates unreasonable risk of harm
- (2) licensee is unaware and unlikely to discover
- Trespasser
- (1) no duty to warn of known or unknown dangers
- (2) but can't have traps
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Cause in Fact
Injury would not have occured "but for" the act.
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Proximate Cause
Generally liable for all harmful results that are normal incidents of and withinin the increased risk caused by the acts.
Uninterupted chain of events from the negligent act, D is liable for all foreseeable harms that result, regardless of unusual manner or timing.
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Respondeat superior
Master/employer will be vicariously liable for torts commited by employee if tort occured in scope of employment.
Employee also liable for own negligence even if employer liable under respondeat superior
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Damages
Can be compensatyed for medical expenses, lost earning, limited amounts of pain and suffering, compensation for impaired future earnings
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Res Ipsa Loquitor
- Accidnet causing injury is the type that would not normally
- (1) occur unless someone was negligent
- (2) evidence of the instrumentalitiy causing the injury was in the exclusive control of the D
- (3) the P was free from fault
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Contributory negligence
Pure Comparative fault - negligent P may still revocer, but damages will be reduces by the percentage of hjis fault
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Joint and Several Liability
- Two or more actors cause indivisibile injury,
- Liable to the P for the entire damage incurred.
Each D liable for entire amount (no contributory fault of P)
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Contribution
Allow defendant who paid more of their share a claim against other parties of excess (based on comparative fault of each defendant)
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Assumption of Risk
P engages in activity with knowledge of the risks
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Defective Product
A manufacturer is strictly liable if (1) the product was not safe in its construction and the defect proximately caused the harm (manufacture or design); OR (2) the product was not reasonably safe because it did not confrom to express or implied warranties, and the breach of the warranty caused the harm
ALSO liable under negligence
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Product Seller Liability
- Not strictly liable unless:
- (1) product sold under seller's name
- (2) seller is a controlled subsidiary of manufacturer
- (3) Seller provides specifications for product
- (4) no solvent manufacturer under WA jurisidiction
Otherwise negligence
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Consumer Protection Act
- (1) Unfair or deceptive act or practice
- (2) in trade or commerce
- (3) which affects the public interest
- (4) injury to the P in her business or property
- (5) a causal link between the unfair or deceptive act and the injury suffered
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Strict liability - Animals
Strict liability for injuries caused by wild animals
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