Chapter 4Section 2

Negligence and Strict Liability

What You’ll Learn How to define negligence How to explain the elements of

negligence Define the major defenses to

negligence Define strict liability

Why It’s Important Any person is a potential victim.

Understanding this area of tort law will help you protect yourself legally.

Unintentional Torts Injury caused by a

person’s carelessness is known as negligence

Injury caused by a person’s participation in a ultrahazardous activity is strict liability

Negligence Accidental/unintentional The tort that occurs

most often Car accident/tripping on

a broken floorboard

4 Elements of Negligence Specific standards

prevent people from suing innocent parties. Duty of care Breach of Duty Proximate cause Actual Harm

Duty of Care You have a duty to

act as a reasonable person would

Driving a car-Duty to pay attention

Pool Injury-Did Dept. of Health have duty towards injured girl?

Breach of Duty If you did not use

the degree of care that a reasonable person would have used.

Driver turns around to talk to someone in back seat

Proximate Cause Legal connection

between unreasonable conduct and resulting harm

Must prove that your injury resulted because of someone’s breach of duty

You rear end a car while you are turned around talking

Actual Harm Must prove that

you suffered injury, property damage, or financial loss

Hospital bills, pay for car repairs

Defenses to Negligence Eliminate one of

the four elements If that is not

possible: Contributory

Negligence Comparative

Negligence Assumption of risk

Contributory Negligence If your behavior

helped cause your injuries

Does not matter how small the behavior was

Many states have replaced with comparative negligence

Comparative Negligence The amount you are

liable depends on how much of the responsibility is yours

If the amount of damages is $100,000 but you were 10% liable you can only get $90,000

Many states will only let you recover money if you are less than 50% liable

Assumption of Risk If you know the

activity is dangerous but you participate anyways

Extreme sports/hit with a baseball

Strict Liability If you participate

in an ultrahazardous activity, you will be liable for any harm caused

Nuclear power company, animals

Product Liability If you are injured

by a defective product, the company is liable even if you were negligent

Defective tire