Negligence
o NEGLIGENCE
o Elements of Negligence
· Duty
· Breach of Duty
· Causation
o Cause in Fact
o Proximate Cause
· Damages
– Negligence – Conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.
– Prima Facie Case
o Duty to Act or refrain from acting
o Breach of that duty by Δs failure to conform his conduct to the required standard of care
o Causation or sufficient casual connection between the negligent conduct and the Πs injury
o Damages or harm which the law says is measurable and compensable in money
– Causation is determined by the Judge
– Damages are determined by the Jury
– Negligence is t
man would not do.
o NEGLIGENCE — Not doing something a normal person would do or doing something that someone would not reasonably do. (could be an act or omission)
– when using negligence:
o Use definition
o Add Foreseeability
o possibility v. probability
o gravity of harm v. cost to prevent the harm
Learned Hand (a justice) Negligence Formula
Three factors:
1. P – the probability that an act or event will occur
2. L – the gravity of the resulting injury if the act or event occurs
3. B– The burden of adequate precautions
Liabilty depends on whether
B
