Understanding Duty of Care, Breach, and Liability: Negligence and Strict Liability - Prof., Study notes of Business and Labour Law

Download Understanding Duty of Care, Breach, and Liability: Negligence and Strict Liability - Prof. and more Study notes Business and Labour Law in PDF only on Docsity! Chapter 7 – Negligence and Strict Liability - Text Outline I. Negligence – an unintentional tort A. Introduction 1. Palsgraf v. Long Island Railroad – Man carrying explosives drops the package which ignites after attendant pushes him onto the train. This injures Ms. Palsgraf standing far away who then sues the railroad for negligence. This case set is the precedent for negligence for what must be proven. 2. Five Elements of Negligence a. Duty of Care – the defendant has a duty for the care of a defendant. b. Breach – the defendant breached that duty. c. Factual Cause – the defendant’s action actually cause the injury. d. Foreseeable Harm – the defendant reasonably could see that his action would cause harm to the defendant. e. Injury – The defendant was hurt. B. Duty of Due Care 1. An invisible line around the defendant of which he owes a duty to. That line is foreseeability. 2. A cafeteria does have a duty to its patrons, while a map maker does not have a duty to its customers that they will never be confused and be in an accident. 3. Hernandez v. Arizona Board of Regents –an underage student was given alcohol at a fraternity party which resulted in an accident. The victim’s family sued claiming the fraternity was liable. Ruling was given that because giving alcohol to a minor was illegal they were indeed liable. 4. DRAM Act – most states have a statute where liquor stores, bars, or restaurants whore serves drinks to an already intoxicated customer can be liable. 5. Affirmative Duty to Act – a bystander does not have an obligation to help someone in danger if he did not cause that danger. 6. Landowner’s Duty a. Trespasser – lowest liability. Someone entering property without consent.  Occasional Liability - Children can never be held as a trespasser if injured and the landowner can be found liable.  Can be found liable for intentional injury or gross misconduct. b. Licensee – medium liability. An invited parson.  Owner must disclose hidden dangers. (i.e. construction dangers) c. Invitee – highest liability. A customer on property that is open to the public.  Can be liable for not addressing potential dangers (i.e. spilt water) 7. Wiener v. Southcoast Childcare Centers, Inc. – a man intentional runs his car into a childcare facilities playground killing and injuring children. Wiener sues the playground claiming they were negligent for not having a better fence to protect the children. Judgment was given that the childcare facility had no duty as the action was no foreseeable. 1 C. Breach of Duty – the defendant has failed to act in a reasonable way which has resulted in a breach of duty. 1. Negligent Hiring and Retention – companies can be held liable to injury for retaining a violent worker who has history to prove his violence. a. Employers can be held liable for personal that has a record or threatens other coworkers. b. Steps to diminish workplace violence  Evaluate unsafe physical features – (i.e. give ample lighting)  Ensure pre-hire screening by checking all previous employers, contacting references, and checking their criminal records.  Respond quickly to dangerous behavior. 2. Negligence Per Se – happens when a company violates a statute which then results in injury. Breach of duty is then presumed and does not need to be proven. (i.e. selling glue to a minor when the law forbids it) D. Factual Cause – the negligence actually resulted in the harm. (i.e. bad brake job causes driver to hit someone on a bicycle, the garage is liable to the bicycle driver.) E. Foreseeable Types of Harm - excludes bizarre occurrences (i.e. a startled pet that falls from a window due to a loud noise. The maker of the noise is not liable) 1. Res Ipsa Loquitur (“the things speak for itself”) – the facts imply that the defendant’s negligence caused the accident. (i.e. AC falls from a window hitting someone) a. Defendant must prove he did not cause the harm if applied. b. When applied  Defendant had exclusive control of the thing causing the harm.  The harm would not have occurred without negligence.  The plaintiff had no role in causing the harm. F. Injury 1. The jury must be persuaded that a harm is genuine and not spectulative. 2. Court must decide on present and future harm. 3. Ra v. Superior Court (CA) – Miscarrage caused Ra perceiving a sign hitting him causing him injury. She did not see it, but heard it knowing he was in that area. She was not awarded compensation because she did not see the action. 4. Damages a. Compensatory damages – a sum of money that will restore the plaintiff to the position he was in before the injury. b. Punitive damages – money intended not to compensate the plaintiff but to punish the defendant. 2