Torts Negligence

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Torts Negligence
2010-11-25 23:08:23
Torts Negligence

Torts Negligence
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  1. Negligence
    To prove a cause of action in negligence, A will have to prove that B owed him a duty to the applicable standard of care and that a breach of that duty was the actual and legal cause of his damages.
  2. Duty: Affirmative Act
    Any time you do any kind of affirmative act, you automatically owe a duty of reasonable care to foreseeable plaintiffs
  3. Duty: Palsgraf test
    • Two views on who is owed a duty of care
    • Majority view (Cardozo): holds that a duty is owed only to foreseeable plaintiffs located in a foreseeable zone of danger.
    • Minority view
    • (Andrews): holds that if a duty is owed to anyone, the duty is owed to all.
  4. Duty: Reasonable Care (Land Occupiers ONLY)
    • 1. Repair dangerous conditions (make safe)
    • 2. Warn
    • 3. Inspect to discover unknown dangers
  5. Duty:Artificial Conditions Highly Dangerous to Children
    a. LO knows or has reason to know that kids are likely to trespass

    • b.LO knows or has reason to know there is a condition on the land that is highly dangerous to kids
    • c.Kids, due to age,
    • don’t recognize risk and/or don’t appreciate it
    • d. Risk to kids ismuch greater than the utility and burden to LO to correct/get rid of the risk

    • (If ALL are satisfied, LO owes reasonable care
    • (proves duty)

    • For breach, must show possessor failed to
    • exercise reasonable care to eliminate danger to protect children)