2 chapter 4.2 negligence and strict liability ppt

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Negligence and Strict LiabilityNegligence and Strict LiabilitySection 4.2Section 4.2

Understanding Business and Personal Law

Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2

The Law of Torts

What You’ll Learn

How to define negligence (p. 88)How to define negligence (p. 88)

How to explain the elements of How to explain the elements of negligence (p. 88)negligence (p. 88)



The Law of Torts

What You’ll Learn

How to define the major defenses to How to define the major defenses to negligence (p. 91)negligence (p. 91)

How to define strict liability (p. 92)How to define strict liability (p. 92)



The Law of Torts

Why It’s Important

Because any person is a potential victim Because any person is a potential victim and a perpetrator of negligence, and a perpetrator of negligence, understanding this vital area of tort law will understanding this vital area of tort law will help you protect yourself legally.help you protect yourself legally.



The Law of Torts

Unintentional Torts Section OutlineSection Outline

NegligenceElements of NegligenceDefenses to Negligence

Strict Liability



The Law of Torts

A person can commit an unintentional tort, when he or she acts in a careless manner that results in an injury to a person, damage to property, or both.

Negligence and strict liability are unintentional torts.

Unintentional Torts Unintentional Torts



The Law of Torts

4.24.2

Intentional and Unintentional Torts Intentional and Unintentional Torts

Intentional Torts

ExamplesExamples

When a person commits a wrong against another and knows and desires the consequences of his or her act.

Assault and BatteryTrespassFalse imprisonment

Unintentional Torts

ExamplesExamplesNegligenceStrict liability

When acting in a careless manner causes damage or injury.

Torts



The Law of Torts

Negligence is an accidental or unintentional tort resulting from the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances.




The Law of Torts

Strict liability is the doctrine that states that people engaged in ultrahazardous activities will be held liable, regardless of how careful they were and regardless of their intent.




The Law of Torts

Is an accidental or unintentional tort.Is the tort that most often occurs in society today.

Negligence Negligence



The Law of Torts

Duty of careBreach of duty Proximate cause Actual harm

Elements of Negligence Elements of Negligence



The Law of Torts

All of us have a duty not to violate certain rights of others.The plaintiff must demonstrate that the defendant owed him or her duty of care.

Duty of Care Duty of Care



The Law of Torts

Julia was injured while diving at a public pool. The injury could have been avoided if the diving board had a guardrail. Julia sued the state’s Department of Health.

Example of Duty of Care Example of Duty of Care



The Law of Torts

The court ruled the Department of Health had a duty to the state’s sanitary code, not a duty to inspect for safety problems. The Department of Health had no duty to Julia.

Example of Duty of Care Example of Duty of Care



The Law of Torts

Breach of duty is the failure to use the degree of care that a reasonable person would exercise in that same situation.The words “reasonable person” must be used when instructing the jurors.

Breach of Duty Breach of Duty



The Law of Torts

Proximate cause is the legal connection between unreasonable conduct and the resulting harm.

Without proximate cause, the result would not have occurred.

Proximate Cause Proximate Cause



The Law of Torts

The essence of any tort suit is a violation of a duty that results in injury to the plaintiff.The plaintiff must have actually suffered physical injury, property damage, or financial loss.

Actual Harm Actual Harm



The Law of Torts

Contributory negligenceComparative negligenceAssumption of risk

Defenses to Negligence Defenses to Negligence



The Law of Torts

Behavior by the plaintiff that helps cause his or her injuries may be considered contributory negligence.

Contributory Negligence Contributory Negligence



The Law of Torts

The negligence of each party is compared under the doctrine of comparative negligence, and the amount of the plaintiff’s recovery is reduced by the percent of his or her negligence.

Comparative Negligence Comparative Negligence



The Law of Torts

If the defendant can show the plaintiff knew of the risk involved and still took the chance of being injured, he or she may claim assumption of risk.

Assumption of Risk Assumption of Risk



The Law of Torts

Strict Liability Strict Liability Some activities are so dangerous that the law will apply neither the principles of negligence nor the rules of intentional torts to them.



The Law of Torts

Strict Liability Strict Liability According to strict liability, if these activities injure someone or damage property, the people engaged in the activities will be held liable, regardless of how careful they were and regardless of their intent.

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Negligence and Strict LiabilityNegligence and Strict LiabilityEnd of Section 4.2End of Section 4.2

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2 chapter 4.2 negligence and strict liability ppt