Torts: Negligence Torts, Slides of Business Ethics

Download Torts: Negligence Torts and more Slides Business Ethics in PDF only on Docsity! TORTS: NEGLIGENCE TORTS  Unintentional Torts – Negligence  A doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.  Negligence is the omission to do something which a reasonable man would do, or something which a prudent and reasonable man would not do.  To be successful in a negligence lawsuit, the plaintiff must prove that:  The defendant owed a duty of care to the plaintiff.  The defendant breached the duty of care.  The plaintiff suffered injury.  The defendant’s negligent act caused the plaintiff’s injury. TORTS  Unintentional Torts – Negligence (Con’t)  Injury to Plaintiff  The plaintiff must suffer personal injury or damage to his or her property to recover monetary damages for the defendant’s negligence (“No harm, no compensation”). TORTS  Unintentional Torts – Negligence (Con’t)  Professional Malpractice  The liability of a professional who breaches his or her duty of ordinary care.  Reasonable professional standard.  Medical malpractice  Legal malpractice  Accounting malpractice  Negligent Infliction of Emotional Distress  A tort that permits a person to recover for emotional distress caused by the defendant’s negligent conduct.  Some states require physical manifestation. TORTS  Special Negligence Doctrines  Negligence Per Se  Violation of a statute that proximately causes an injury.  Plaintiff must be within class intended to be protected.  Statute enacted to prevent the type of injury suffered.  Res Ipsa Loquitur  “The thing speaks for itself”.  Defendant had exclusive control of situation that caused plaintiff’s injury.  Injury would not have ordinarily occurred but for someone’s negligence.  Good Samaritan Laws  Protects medical professionals that stop and render emergency first aid.  Relieves them from liability for ordinary negligence.  No relief for gross negligence or intentional or reckless conduct.  Laypersons not trained in CPR not covered. TORTS  Special Negligence Doctrines (Con’t)  Liability of Common Carriers and Innkeepers  Duty of utmost care to passengers and guests. TORTS  Defenses Against Negligence  Superseding or Intervening Event  Defendant only liable for foreseeable events.  Defendant can raise a superseding or intervening event as defense for which defendant not liable – breaks the connection between the original wrongful act and the injury.  The superseding or intervening event must cause injury.  Assumption of Risk  Defendant must prove that the plaintiff knew and appreciated the risk.  The plaintiff voluntarily assumed the risk but not greater than normally associated with the activity (faulty construction at racetrack). TORTS  Defenses to Product Liability (Con’t)  Contributory Negligence  Person is injured by a defective product .  Injured party has been negligent.  contributed to his or her own injuries.  Cannot recover from the defendant.  Comparative Negligence  Plaintiff is contributorily negligent for his or her injuries.  Responsible for a proportional share of the damages.  Damages proportioned between plaintiff and defendant.