Negligence Law: Elements, Factual Cause, Foreseeable Harm, and Strict Liability, Slides of Law

Download Negligence Law: Elements, Factual Cause, Foreseeable Harm, and Strict Liability and more Slides Law in PDF only on Docsity! Negligence nedhadnce Strict’ Efability Quote of the Day “The life of the law has not been logic; it has been experience.” Oliver Wendell Holmes, Jr., Supreme Court Justice docsity.com Factual Cause & Foreseeable Harm  Factual Cause -- if the defendant’s breach ultimately led to the injury, he is liable. • Does not have to be the immediate cause of injury, but must be the first in the direct line.  Foreseeable Harm -- to be liable, this type of harm must have been foreseeable. • The defendant does not have to know exactly what would happen -- just the type of event.  Res Ipsa Loquitur -- in a few cases, the defendant must prove he was NOT negligent or the facts imply that his negligence caused the injury. docsity.com Example: Factual Cause & Foreseeable Harm Mechanic fails to fix customer’s brakes, which causes... Car accident, car hitting bicyclist Mechanic is liable to cyclist Car accident, car hitting bicyclist Noise from accident startles someone who falls out a window Mechanic is NOT liable for falling person Factual cause and foreseeable type of injury Factual cause, but no foreseeable type of injury Car accident, car does not hit bicyclist Bicyclist hits pothole and crashes Mechanic is NOT liable to cyclist No factual cause docsity.com Injury & Damages  Injury -- plaintiff must show genuine injury • Future injury may be compensated, but must be determined at the time of trial.  Damages -- are usually compensatory, designed to restore what was lost. In unusual cases, they may be punitive.  A bystander, unharmed physically, may recover for emotional distress if... • She was near the scene of the injury, • Seeing the injury caused immediate shock, and • She is a close relative of the (physical) victim docsity.com