Defendant has a duty to act as a reasonable person would in like or similar circumstances to avoid causing unreasonable risk of harm to others.
|
|
- Regina Cummings
- 8 years ago
- Views:
Transcription
1 NEGLIGENCE (Heavily Tested) (Write On the Bar): In order for Plaintiff to recover in Negligence, she or he must plead and prove: DUTY, BREACH OF DUTY, ACTUAL CAUSATION, PROXIMATE CAUSATION, AND DAMAGES. (Head note and analyze each element) Bar Note: When Negligence is tested on the California Bar, it is usually a MAJOR ISSUE, worth at least points. It requires a full analysis with the headings, rules and sub headings structured below. Use the exact headings, format and structure on the bar exam. All you then essentially will have to do is apply the facts from the fact pattern to this structure. A. Duty 1. General Duty Defendant has a duty to act as a reasonable person would in like or similar circumstances to avoid causing unreasonable risk of harm to others. 2. Special Duty a. Children, Mental Disabilities, Physical Disabilities i. Children: A child is held to the standard of care of a reasonable child of like age, intelligence, and experience. ii. Adults With Mental Disabilities: Adults with mental disabilities are held to the same standard of care as nondisabled. iii. Adults With Physical Disabilities: Adults with physical disabilities are held to the standard of care of a reasonable blind, deaf or disabled person in like or similar circumstances. b. Professionals i. Doctors A. Specialists: Specialists are held to a national standard of care and must conduct themselves as a reasonable specialist would nationally. B. Generalists: Generalists are held to standard of care of a reasonable physician in same or similar locality.
2 ii. Other Professionals Professionals must possess the minimum, common skill of members in good standing in the profession. Professionals must act as a reasonable expert would in like or similar circumstances. Example: Architects, lawyers, accountants, engineers. c. Violation of Criminal/Civil Statute or Express Rule i. For a criminal statute, civil statute, or express rule of employer to establish a civil standard of care, Plaintiff must establish: ii. A. Plaintiff was in the class of persons the statute or rule was designed to protect; B. The injury was the type the statute or rule was designed to protect against, and C. Defendant violated the statute or rule and Plaintiff s injury was caused by the violation. Jurisdictions vary in how they treat a violation of a criminal statute in setting the civil standard of care. Some treat it as: A. Negligence Per Se: The violation of the statute amounts to negligence per se and Defendant may not argue her or his conduct was reasonable, B. Rebuttable Presumption of Negligence: The violation of the statute raises an inference of negligence, but Defendant can rebut with evidence of reasonable behavior, or C. Mere evidence of negligence. d. Guests and Common Carriers i. Common Carriers: Common carriers are held to a higher standard of care to prevent risk of harm to others. ii. Automobile Guests: The standard of care depends on the jurisdiction and whether the guest is paying or gratuitous: A. Common Law: Driver owes full duty of care in operation of vehicle. B. Paying Passenger: Driver owes full duty of care. C. Gratuitous Passenger: Driver held liable only if grossly negligent.
3 e. Owners and Occupiers of Land (heavily tested) (Write On Bar): Liability rests on the STATUS of the person coming into the land. i. Unknown Adult Trespasser Under the Common Law, no duty is owed by land owner/occupier to make the premises safe. Modernly, in Roland v Christian, full duty is owed even to unknown trespassers. ii. Known Adult Trespassers Land owner/occupier owes a duty to warn of dangerous conditions on the land. iii. Licensees Licensees are people who come onto the land for their own benefit (for example, Social guests, Charity Workers, Police). Land owner/occupier owes the licensee a duty to warn of a known dangerous condition on the land. ** Note: Land owner/occupier has no duty to inspect for defects or to repair known defects. iv. Invitees Invitees are people who come onto the land to confer some benefit on the occupier (for example, Paying Customers). Land owner/occupier owes Invitee a duty is to inspect, warn, and make safe dangerous conditions on the land. v. People Outside the Land Land owner/occupier is required to correct conditions that are unreasonably dangerous to those outside the land. vi. Child Trespassers: Attractive Nuisance Theory Land occupier is liable to children only if: A. Land occupier knows or has reason to know that children are likely to trespass; B. Land occupier knows or has reason to know condition is dangerous to children; C. Risk to the child outweighs the utility of
4 maintaining the condition and the burden of eliminating the danger; and D. Child is too young to appreciate and understand the risk. BAR HINT: An Attractive Nuisance must be a dangerous condition on the land (for example, a giant hole being dug for a swimming pool. However, a can of bug spray with pretty roses on the label is NOT considered an attractive nuisance). This issue is rarely tested and only under obvious, precise facts giving rise to it. f. Omission To Act As a general rule, Defendant s failure to act will not result in liability being imposed on Defendant for injury caused thereby. However, liability will be imposed if there was an affirmative duty to act and Defendant failed to act. BAR HINT: Whenever a fact pattern indicates that the culpable conduct may be that of an omission to act, give the general rule of no duty then examine the facts for an exception. i. Affirmative Duty To Act A. Common Law: Defendant is under no duty to go to the aid of Plaintiff where Defendant did not cause Plaintiff s predicament. However, if Defendant is at fault, Defendant must aid. B. Modernly: Some statutes make it a criminal offense for drivers of automobiles to fail to aid any person involved in an accident, even though Defendant was not involved in any way. C. Good Samaritan Rule: One who, though under no legal duty to do so, aids a person who is hurt or in peril, must exercise due care not to worsen the victim s situation. ii. Duty to Control Third Persons A. Bailment Cases: If the owner of chattels permits a third person to use his chattel, the Bailor will be liable for failure to exercise due care to prevent intentional or negligent acts of Bailee if committed in his presence, or if she or he knows or has reason
5 to know that such Bailee is likely to commit such acts. B. Public Premises Cases: Those who hold premises open to the public must use due care to protect persons coming onto the premises from theft of property, attack, etc., from other persons on the premises. This includes restaurants, innkeepers, common carriers, etc. C. Duty to Control Children Cases: Parents will be liable for acts of child if parents know or should have known of the child s dangerous propensities and had an opportunity to exercise control over the child. Otherwise, parents are generally not vicariously responsible for acts of child committed in their presence or otherwise. D. Special Relationships: Defendant may be under a duty to act where there is a special relationship, such as school-pupil, hospital-patient, jail keeperprisoner, etc. B. To Whom Is the Duty Owed (Do not confuse this issue with proximate causation!) Under Palsgraf, Cardozo held that a duty is owed to foreseeable Plaintiffs in Defendant s physical zone of danger. Andrews argued that one owes a duty to the whole world to behave in a manner so as to not create unreasonable risk of harm. BAR HINT: Discuss this issue more fully when the injured Plaintiff is arguably outside the physical zone of danger created by Defendant. (If the P is in D s physical zone of danger write this issue and apply the facts in one quick sentence.) C. Breach Of Duty Breach of duty is basically a factual discussion. Take the standard of care you have established under duty and apply it to the facts to determine if Defendant breached his duty to Plaintiff. BAR HINT: Always discuss what a reasonable person would have done in the same or similar circumstances. 1. Res Ipsa Loquitur Often in a question the facts are silent as to exactly how the accident occurred or
6 what the Defendant did. This usually requires discussion of Res Ipsa Loquitur. To apply this doctrine, Plaintiff must establish the: (a) Accident would not have occurred in the absence of someone s negligence; (b) Event was caused by an instrumentality in Defendant s exclusive control; and (c) Plaintiff did not contribute to her or his own injuries. D. Actual Causation 1. Where there is only ONE D: But-for Test: (Write On Bar): Defendant is the actual cause of Plaintiff s injuries because but for Defendant s acts, Plaintiff would not have been injured. 2. Where there are TWO OR MORE Defendants: Substantial Factor Test: Applies where several defendants concur to bring about an injury and any one alone might have been sufficient to bring about the injury. (Write On Bar): Each Defendant was a substantial factor in causing Plaintiff s injuries. Either Defendants act alone would have been sufficient to cause the result; thus, both are a substantial factor in bringing about Plaintiff s harm. E. Proximate Causation (Only Do Full Analysis if MAJOR ISSUE) (Write On Bar): Proximate cause is a policy consideration that in certain instances will limit Defendant s liability. 1. Direct v. Indirect Causation Ask yourself: Did anything intervene between Defendant s negligent act and Plaintiff s injury such that Defendant will be relieved of liability? a. Direct Causation ** Note: Where causation is direct, proximate cause is ALWAYS A MINOR ISSUE. Causation is direct where nothing has intervened between Defendant s act and Plaintiff s injury. Thus, Plaintiff s injury is foreseeable and Defendant will be held responsible. (Write On Bar): Here, causation is direct because there were no intervening acts between Plaintiff s injury and Defendant s act. Further, it is foreseeable when Defendant did, someone would be injured.
7 b. Indirect Causation Indirect Causation may exist when something has come between Defendant s negligent act and Plaintiff s injuries. i. Dependent v. Independent Intervening Act A. Dependent Intervening Act Dependent forces are those which occur as a result of Defendant s original negligent act (for example, Medical malpractice, injuries occurring en route to the hospital, and rescuers). 1. Foreseeable v. Unforeseeable If there is no break in the chain of causation, Plaintiff s injury is foreseeable. Dependent intervening forces are usually foreseeable. If foreseeable, Defendant is the proximate cause of Plaintiff s injuries. B. Independent Intervening Act Independent forces not arising from Defendant s act, for example, acts of God, animals, and intentional criminal acts, may relieve Defendant of liability if unforeseeable. These forces are called independent intervening acts or superseding acts. F. DAMAGES 1. Foreseeable v. Unforeseeable If there is no break in the chain of causation, Plaintiff s injury is foreseeable. If foreseeable, Defendant is the proximate cause of Plaintiff s injury. (Write On Bar): Plaintiff is entitled to recover all compensatory damages, including general damages, such as pain and suffering, and special damages, which must be specifically pleaded and proved. Punitive damages are NOT recoverable for negligence UNLESS facts specifically show Defendant s conduct was wanton, willful, or reckless. (Don t imply facts).
8 G. DEFENSES BAR HINT: You must always raise these defenses, even if briefly in a sentence or two. 1. Contributory Negligence Plaintiff has a duty to act as a reasonable person would in like or similar circumstances to prevent an unreasonable risk of harm to herself or himself. If the Plaintiff was Contributorily Negligent, it is a complete bar to recovery in Contributory Negligence jurisdictions. a. Contributory Negligence Per Se (i) If Plaintiff violates a statute or an express rule of employer, Plaintiff is contributorily negligent per se if: (ii) Plaintiff was in the class of persons the statute or rule was designed to protect and (iii) the injury was the type the statute or rule was designed to protect against. 2. Comparative Negligence Plaintiff s negligence is assigned a percentage of fault and Plaintiff s damage award is reduced by that percentage. Plaintiff can only sue for the percentage of damages attributable to the defendant. (Write On Bar): If this is a Contributory Negligence jurisdiction, (complete bar to Plaintiff s recovery) then Plaintiff would not recover as she was contributorily negligent when she jaywalked in the middle of the street and was hit by D s car. If this is a Comparative Negligence jurisdiction (such as California), then Plaintiff can only sue for the percentage of damages attributable to the defendant. 3. Assumption of Risk Defendant is not liable if Plaintiff knew of the exact risk and voluntarily assumed it. 4. Exception: Rescue Attempts Where Plaintiff voluntarily attempts to rescue one in peril, the court will not find the rescuer contributorily negligent, comparatively negligent, nor to have assumed the risk. Public policy encourages rescue attempts, particularly where Plaintiff is forced to make an emergency decision concerning saving the life of a fellow human being. Technically, Plaintiff did not assume the risk in such a situation, but only reacted to the emergency before her or him because danger invites rescue.
Chapter 7 Tort Law and Product Liability
Chapter 7 Tort Law and Product Liability Chapter Outline 1. Introduction 2. The Basis of Tort Law 3. Intentional Torts 4. Negligence 5. Cyber Torts: Defamation Online 6. Strict Liability 7. Product Liability
More informationProfessional Practice 544
February 15, 2016 Professional Practice 544 Tort Law and Insurance Michael J. Hanahan Schiff Hardin LLP 233 S. Wacker, Ste. 6600 Chicago, IL 60606 312-258-5701 mhanahan@schiffhardin.com Schiff Hardin LLP.
More informationNEGLIGENCE: ELEMENT I: DUTY CHAPTER 13
NEGLIGENCE: ELEMENT I: DUTY CHAPTER 13 General Rule on Duty What is a duty? A duty is an obligation or a requirement to conform to a standard of conduct prescribed by law. Consider the following questions.
More informationMERCER COUNTY COMMUNITY COLLEGE COURSE OUTLINE
MERCER COUNTY COMMUNITY COLLEGE COURSE OUTLINE Course Number Course Title Credits LEG 130 Civil Litigation I 3 Hours: Lecture/Lab/ Others 3/0/0 Pre-Requisites: None Catalog Description (2011-2013 Catalog)
More informationSession 30. Tort Law 2 Negligence and intent
Session 30 Tort Law 2 Negligence and intent Negligence and intent Negligence occurs when the following three conditions are satisfied The action is unintentional The action is unplanned An injury results
More informationNEGLIGENCE. The elements of negligence: (Unintentional Torts) Pay attention the last slide is a three-question test!
NEGLIGENCE (Unintentional Torts) Pay attention the last slide is a three-question test! hahahahaha The elements of negligence: * Duty of Care * Breach of that Duty * Damage, Loss or Injury * Causation
More informationLegal Liability in Recreation Site Management. Legal Climate. Classification of Legal Liability RRT 484. Professor Ed Krumpe
Legal Liability in Recreation Site Management RRT 484 Professor Ed Krumpe 1 Legal Climate Sovereign immunity is basically dead. Lawsuits are part of normal operations & we cannot prevent them. Injuries
More informationChapter 11 Torts in the Business Environment
Chapter 11 Torts in the Business Environment Tort a civil wrong not arising from a breach of contract. A breach of a legal duty that proximately causes harm or injury to another. Two notions serve as the
More informationCanadian Law 12 Negligence and Other Torts
Canadian Law 12 Negligence and Other Torts What is Negligence? Someone who commits a careless act that creates harm to another person is negligent. Over the past several years, negligence has become the
More informationChapter 4 Crimes (Review)
Chapter 4 Crimes (Review) On a separate sheet of paper, write down the answer to the following Q s; if you do not know the answer, write down the Q. 1. What is a crime? 2. There are elements of a crime.
More informationUnintentional Torts - Definitions
Unintentional Torts - Definitions Negligence The failure to exercise the degree of care that a reasonable person would exercise that results in the proximate cause of actual harm to an innocent person.
More informationANSWER A TO QUESTION 8
ANSWER A TO QUESTION 8 Q-1 Torts Barb v. Adam Negligence Per Se - See under Breach. (defined intra) Crossing the double line - excusable NEGLIGENCE Negligence where a duty is owed and that duty is breached
More informationTorts Copyright July, 2006 State Bar of California
Torts Copyright July, 2006 State Bar of California After paying for his gasoline at Delta Gas, Paul decided to buy two 75-cent candy bars. The Delta Gas store clerk, Clerk, was talking on the telephone,
More informationLOUISIANA PERSONAL INJURY ACCIDENT BASICS
LOUISIANA PERSONAL INJURY ACCIDENT BASICS The Concept of Negligence If you have been injured, only an experienced Louisiana personal injury accident attorney can evaluate the unique facts and circumstances
More informationNegligence & Tort Law
Negligence & Tort Law How to Prove Negligence The plaintiff needs to prove four elements by a preponderance of the evidence Duty Breach of Duty Causation (two parts) Damages Duty Defined: A legal obligation
More informationNegligence: Element III: Proximate Cause. Chapter 15
Negligence: Element III: Proximate Cause Chapter 15 Introduction Proximate Cause. 1) the causation question (cause in fact): Did the defendant cause the plaintiff s injury? 2) The policy question ( a cut-off
More informationUNIT 2 TORT LAW. wrong committed by from the French word meaning. Someone has suffered an personal injury through 1) ; 2) ; 3).
UNIT 2 TORT LAW 1 OBJECTIVE: DIFFERENTIATE BETWEEN CRIMES AND TORTS AND DEVELOP A STUDENT UNDERSTANDING OF NEGLIGENCE. NBEA STANDARD I: DIFFERENTIATE BETWEEN CLASSIFICATIONS OF PROCEDURAL LAW, AND DIFFERENT
More informationLIABILITY 2010 AGRI-TOURISM IS IT FOR YOUR FARM OR RANCH?
LIABILITY 2010 AGRI-TOURISM IS IT FOR YOUR FARM OR RANCH? Kathie Troudt Riley Practice emphasis includes agricultural and rural law issues Loveland law office 150 East 29 th Street, Suite 265, Loveland,
More informationKey Concept 2: Understanding the Differences Between 1) Intentional Tort Liability
Key Concept 2: Understanding the Differences Between 1) Intentional Tort Liability 1 (2) Negligence Liability, and 3) Strict Liability. I. Torts in General: A. Definition: A tort is a civil wrong that
More informationOutline: Ye Olde Sawmill Tort Class Midterm Call: Potential Claims and liabilities of the parties
Outline: Ye Olde Sawmill Tort Class Midterm Call: Potential Claims and liabilities of the parties 1. Waiver Release/assumption of Risk a. Unreasonable waiver for all 3 i. Wanton/willful ii. Unconscionable
More informationHow To Take Action In New Jersey
Garden State CLE 21 Winthrop Road Lawrenceville, New Jersey 08648 (609) 895-0046 fax- 609-895-1899 Atty2starz@aol.com Video Course Evaluation Form Attorney Name Atty ID number for Pennsylvania: Name of
More informationIn order to establish a prima facie case of negligence, one must determine that the
In order to establish a prima facie case of negligence, one must determine that the following four elements are established: 1.) P must have suffered an injury and must demonstrate that the injury was
More informationPREMISES LIABILITY INSTRUCTIONS Introduction
PREMISES LIABILITY INSTRUCTIONS Introduction Premises Liability Instructions may be used in cases involving injuries resulting from the condition of property. The primary revision to the Premises Liability
More informationAn act can be both a crime and a tort. Example reckless driving resulting in an accident
How Do Crimes and Torts Differ? A crime is an offense against society. It is a public wrong. A tort is a private or civil wrong. It is an offense against an individual. If someone commits a tort, the person
More informationPELLISSIPPI STATE COMMUNITY COLLEGE MASTER SYLLABUS TORTS LAW 2100. College-level competencies in logic, reading, and English are required.
PELLISSIPPI STATE COMMUNITY COLLEGE MASTER SYLLABUS TORTS LAW 2100 Class Hours: 3.0 Credit Hours: 3.0 Laboratory Hours: 0.0 Revised: Spring 2011 NOTE: This course is not designed for transfer credit. Catalog
More informationProducts Liability: Putting a Product on the U.S. Market. Natalia R. Medley Crowell & Moring LLP 14 November 2012
Products Liability: Putting a Product on the U.S. Market Natalia R. Medley Crowell & Moring LLP 14 November 2012 Overview Regulation of Products» Federal agencies» State laws Product Liability Lawsuits»
More informationThe insurance company is also responsible for reasonable towing or storage charges on your vehicle until you receive written notice otherwise.
If you have been in an automobile accident that is not your fault and your vehicle is damaged, you do have certain rights. If total property damage from the wreck to all damages appears to be over $1,000.00,
More informationvs. JURY TRIAL DEMANDED COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL Plaintiff JAMES SCHAIRER, by and through undersigned counsel, hereby sues
IN THE CIRCUIT COURT OF THE th 16 JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. JAMES SCHAIRER, individually, Plaintiff, vs. JURY TRIAL DEMANDED PAUL KERCHER,
More informationMinnesota Personal Injury Law: Car Accidents
2009 Minnesota Car Accidents Laws/Statutes Statutes are laws that apply to all citizens and cover a variety of topics, including the following: the legislature, the executive branch, state departments,
More informationTORTS OUTLINE. NEGLIGENCE (Elements: Duty, Breach, Causation, Scope of Liability, Damages)
TORTS OUTLINE NEGLIGENCE (Elements: Duty, Breach, Causation, Scope of Liability, Damages) Duty 1. General Duty of Reasonable Care a. Imposed on all persons not to place others at foreseeable risk of harm
More informationEmployer s Liability in a Practical Context
Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: Employer s Liability in a Practical Context 1.1 Introduction 1.2 The parties to an employer s liability claim 1.3 An
More informationNC General Statutes - Chapter 99B 1
Chapter 99B. Products Liability. 99B-1. Definitions. When used in this Chapter, unless the context otherwise requires: (1) "Claimant" means a person or other entity asserting a claim and, if said claim
More informationChapter 7 The Liability Risk
Chapter 7 The Liability Risk Overview This chapter begins a block of material on property and liability risks, and the personal and business insurance coverages designed to address these risks. In this
More informationCivil Liability Amendment (Personal Responsibility) Bill 2002
Passed by both Houses New South Wales Civil Liability Amendment (Personal Responsibility) Bill 2002 Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Civil Liability Act 2002 No 22 2 4 Consequential
More informationLITIGATION OF PRODUCTS LIABILITY CASES IN EXOTIC FORUMS - PUERTO RICO. Francisco J. Colón-Pagán 1
LITIGATION OF PRODUCTS LIABILITY CASES IN EXOTIC FORUMS - PUERTO RICO By Francisco J. Colón-Pagán 1 I. OVERVIEW OF PUERTO RICO LEGAL SYSTEM A. Three branches of government B. Judicial Branch 1. Supreme
More informationDeclarations. INSU 2500 Chapter 9 CHAPTER 9. Common Elements of Insurance Contracts. Insuring Agreement Example
Declarations INSU 2500 Chapter 9 October 10, 2006 Facts of Policy Usually first page of an insurance contract contains such things as: Identifies the insurance company Identifies the named insured Policy
More informationCivil Law and Procedure
Chapter 5 Civil Law and Procedure Business Law Ms. Turner Crime Offense against society Tort Private or civil wrong; offense against an individual Can sue to receive money damages Can be both a crime and
More informationProfessional Negligence
1239272 - BCIT 1 Professional Negligence Jeremy T. Lovell Bull, Housser & Tupper LLP 1239272 - BCIT 2 Overview Professional negligence law in context Negligence law in general Duty of care Standard of
More informationHow To Understand The Law Of Germany
Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: General Principles of Liability 1.1 Introduction 1.2 Interests protected 1.3 The mental element in tort 1.3.1 Malice
More informationPremise/ Livestock Liability Issues
Premise/ Livestock Liability Issues Disclaimer This presentation is solely intended to provide legal information to the public. Nothing from this presentation is intended to provide legal advice. The legal
More informationKey Concept 4: Understanding Product Liability Law
Key Concept 4: Understanding Product Liability Law Suppose that you are the president of a firm making products for sale to the public. One of your worries would be the company's exposure to civil liability
More informationAutomobile Negligence Lawsuits
SOG/DGL, CH, JB Page 1 of 6 Automobile Negligence Lawsuits Who Is Sued? Driver the driver is the person whose negligence gives rise to the liability. The person suing must prove that the driver negligently
More informationDefenses in a Product Liability Claim
Defenses in a Product Liability Claim written by: Mark Schultz, Esq. COZEN O CONNOR Suite 400, 200 Four Falls Corporate Center West Conshohocken, PA 19428 (800) 379-0695 (610) 941-5400 mschultz@cozen.com
More informationSAFETY REVIEW NOT SPECIFIED IN CONTRACT
SAFETY REVIEW NOT SPECIFIED IN CONTRACT James C. Kozlowski, J.D., Ph.D. 2008 James C. Kozlowski In contracting for personal services, an architect's duty depends on the particular agreement entered into
More informationPELLISSIPPI STATE TECHNICAL COMMUNITY COLLEGE MASTER SYLLABUS TORTS LAW 2100
PELLISSIPPI STATE TECHNICAL COMMUNITY COLLEGE MASTER SYLLABUS TORTS LAW 2100 Class Hours: 3.0 Credit Hours: 3.0 Laboratory Hours: 0.0 Revised: Spring 07 NOTE: This course is not designed for transfer credit.
More informationOf course, the same incident can give rise to an action both for breach of contract and for negligence.
4. WHAT CAN YOU BE LIABLE FOR AND WHY? 4.1 Negligence Liability for negligence is a civil, not a criminal, matter. It is for the victim to prove that the defendant owed them a "duty of care", that that
More informationFAULT INSTRUCTIONS Introduction
FAULT INSTRUCTIONS Introduction The format of the Fault section with basic liability instructions for any fault case is retained in RAJI (CIVIL) 5th Fault Instructions. Revisions to the RAJI (CIVIL) 4TH
More informationLIABILITY UNDER THE TEXAS TORT CLAIMS ACT
LIABILITY UNDER THE TEXAS TORT CLAIMS ACT By: Richard Evans Staff Attorney Texas Municipal League Intergovernmental Risk Pool The King Can Do No Wrong 1 Sovereign Immunity Under common law, state and political
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 HOUSE DRH11149-TG-5 (12/01) Short Title: Tort Reform Act of 2011. (Public)
H GENERAL ASSEMBLY OF NORTH CAROLINA SESSION HOUSE DRH-TG- (/01) D Short Title: Tort Reform Act of. (Public) Sponsors: Referred to: Representatives Blust and Daughtry (Primary Sponsors). 1 A BILL TO BE
More informationIn order to prove negligence the Claimant must establish the following:
Introduction A wealth of law exists to provide compensation to people who have suffered injuries, both physical and psychological, following an accident. This fact sheet provides a very brief guide to
More informationTORT LAW SUMMARY LAWSKOOL UK
TORT LAW SUMMARY LAWSKOOL UK TABLE OF CONTENTS INTRODUCTION 5 DEFENCES 6 Consent (Or Volenti Non Fit Injuria) 6 Illegtality (or Ex Trupi Causa) 7 Contributory Negiligence 8 NEGLIGENCE 11 Duty of Care 11
More informationAnglo-American Contract and Torts. Prof. Mark P. Gergen. 14. Strict liability abnormally dangerous activities and vicarious liability
Anglo-American Contract and Torts Prof. Mark P. Gergen 14. Strict liability abnormally dangerous activities and vicarious liability Vicarious liability respondeat superior An employer is strictly liable
More informationChapter 1 Insurance Concepts & Principles
Chapter 1 Chapter Objectives Your learning objectives are as follows: Understand the mechanism of insurance. Understand the difference between property and casualty insurance. Learn the parts of the insurance
More informationSTATE OF OREGON TRANSPORTATION COMPENDIUM OF LAW
STATE OF OREGON TRANSPORTATION COMPENDIUM OF LAW Rodney L. Umberger, Jr. Marc M. Carlton Williams Kastner 888 SW Fifth Avenue, Suite 600 Portland, OR 97204 Phone: (503) 228 7967 Email: rumberger@williamskastner.com
More informationFELA Railroad Injuries
FELA Railroad Injuries Mark A. Anderson Contents FELA and the Legal Rights of Injured Railroad Workers...1 Cases Eligible Under FELA...2 The Railroad Company's Liability...4 Dealing With Your Employer
More informationInjury Law Attorney Clearwater - New Port Richey - Tampa Bay
Injury Law Attorney Clearwater - New Port Richey - Tampa Bay You need an aggressive injury lawyer to fight for your rights WHAT IS INJURY LAW? Injury Law is what an injury attorney would refer to as Tort
More informationThe Enterprise and Regulatory Reform Act 2013 ("ERRA")
SPECIAL EDITION DECEMBER 2013 The Enterprise and Regulatory Reform Act 2013 ("ERRA") Claims handlers will no doubt be aware that Section 69 of this Act applies to all causes of action arising after 1 October
More informationA Guide to Employer Liability in Maryland: Principles of Agency and Negligent Hiring
A Guide to Employer Liability in Maryland: Principles of Agency and Negligent Hiring Prepared by the Job Opportunities Task Force and the Homeless Person s Representation Project For more information,
More informationLIABILITY UNDER THE TEXAS TORT CLAIMS ACT. Sovereign Immunity
LIABILITY UNDER THE TEXAS TORT CLAIMS ACT By: Richard Evans Staff Attorney Texas Municipal League Intergovernmental Risk Pool The King Can Do No Wrong Sovereign Immunity Under common law, state and political
More informationLowcountry Injury Law
Lowcountry Injury Law 1917 Lovejoy Street Post Office Drawer 850 Beaufort, South Carolina 29901 Personal Injury Phone (843) 524-9445 Auto Accidents Fax (843) 532-9254 Workers Comp DanDenton@Lawyer.com
More informationWhich of the following do you think could be liable to pay compensation?
ACTIVITY 3 A patient is admitted into an NHS trust hospital for surgery to repair a hernia. Unfortunately, by mistake, a swab is left inside the patient who has to return to theatre for a second operation.
More informationSUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO
1 0 1 MARC D. ADELMAN Attorney at Law State Bar No. Liberty Station Historic Decatur Road, Suite 00 San Diego, CA - (1) -0 Phone (1) -0 Fax Email: AdelmanMD@aol.com Attorney for Plaintiff SUPERIOR COURT
More informationEnergy-Related Litigation: Personal Injury
Energy-Related Litigation: Personal Injury FOLLOW STEPTOE & JOHNSON ON TWITTER: Follow @Steptoe_Johnson ALSO FIND US ON http://www.linkedin.com/companies/216795 http://www.facebook.com/steptoe.johnson
More informationSUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES
Fernando F. Chavez, Esq. SBN 0 CHAVEZ LAW GROUP 00 West Beverly Blvd., Montebello, Ca 00 Phone: () 00-0, Facsimile: (0) 1-01 E-mail: ffchavez0@gmail.com Attorneys for Plaintiffs SUPERIOR COURT OF THE STATE
More informationAPPENDIX B: RECOMMENDATIONS TO BE IMPLEMENTED ON A NATIONALLY CONSISTENT BASIS
APPENDIX B: RECOMMENDATIONS TO BE IMPLEMENTED ON A NATIONALLY CONSISTENT BASIS Implementation of the Panel's Recommendations A national response Recommendation 1 The Panel's recommendations should be incorporated
More informationTorts Basic Final Outline INTENTIONAL TORTS 1. Battery a. Voluntary act (note: muscular reaction counts unless purely reflexive reaction). b.
Torts Basic Final Outline INTENTIONAL TORTS 1. Battery a. Voluntary act (note: muscular reaction counts unless purely reflexive reaction). b. Intent to cause (based on purpose or knowledge with substantial
More informationKey Concept 9: Understand the differences between compensatory and punitive damages 1. A. Torts. 1. Compensatory and Punitive Damages
Key Concept 9: Understand the differences between compensatory and punitive damages 1 A. Torts 1. Compensatory and Punitive Damages Tort law involves civil liability between private parties. A plaintiff
More informationInjury Law Attorney - Dog Bite Clearwater - New Port Richey - Tampa Bay
Injury Law Attorney - Dog Bite Clearwater - New Port Richey - Tampa Bay You need an aggressive injury lawyer to fight for your rights regarding your dog bite DOG BITE AND DOG INJURY LAWS There are two
More informationFiling # 22009228 Electronically Filed 12/29/2014 03:48:06 PM
Filing # 22009228 Electronically Filed 12/29/2014 03:48:06 PM PENELOPE BELVOIR, as Executor de son Tort for the Pending Estate of Robert Belvoir, Deceased, vs. Plaintiff, ROPES COURSES, INC., FB ORLANDO
More informationThe Modern Law of Negligence
The Modern Law of Negligence Third Edition RABuckleyMA,DPhil of Lincoln's Inn, Barrister Professor of Law, University of Reading Butterworths London, Dublin, Edinburgh 1999 Contents Preface to the third
More informationLEGAL ISSUES. Why should I learn about legal issues? How am I liable? What are my responsibilities as a teacher?
LEGAL ISSUES Why should I learn about legal issues? School administrators are typically the only personnel to receive training in classroom liability issues, yet teachers have the most responsibility for
More informationASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS. Lecturer: Judith Robb-Walters Lesson 8
ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS Lecturer: Judith Robb-Walters Lesson 8 ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS LO 2: Understand principles of liability in negligence in business
More informationWeiler, Maloney, Nelson
Forum North 2015 November 3, 2015 Supervisor Case Study: When Health & Safety is a Crime Weiler, Maloney, Nelson Brad Smith Bill C-45 Criminal Code amended easier to convict a corporation of criminal negligence
More informationThree ways to sue health care providers
Three ways to sue health care providers Professional negligence Informed consent Medical battery Medical Malpractice / Professional Negligence Professor Eric E. Johnson Torts ericejohnson.com Copyright
More informationPharmacist Liability. Objectives: Tort law
Objectives: Pharmacist Liability With thanks to Martha Dye-Whealan, R.Ph., JD J.D. Define negligence and tort law Review limits of liability, including defenses to a negligence claim, and relate to pharmacy
More informationEverything you need...
TEXAS PREMISES LIABILITY Release No. 9 Everything you need... Important Updates: Discovery Issues Amusement Park Accidents Recreational Use Statute and Special Defects Trespassing Children Legal Duty Regarding
More informationPREVIEW. 1. The following form may be used to file a personal injury lawsuit.
Information or instructions: Plaintiff's original petition-auto accident 1. The following form may be used to file a personal injury lawsuit. 2. It assumes several plaintiffs were rear-ended by an employee
More informationIN THE COURT OF APPEALS OF INDIANA
FOR PUBLICATION APPELLANT PRO SE: LLOYD G. PERRY ATTORNEYS FOR APPELLEES: Attorneys for Anonymous Hospital 1, Inc. and Anonymous Medical Facility 1, Inc. MARK W. BAEVERSTAD ANDREW L. PALMISON Rothberg
More informationClackamas County 4- H Oregon City, Oregon. Oregon s Equine Inherent Risk Law: An Overview. February 12, 2014
An Overview Clackamas County 4-H Meeting Canby, Oregon February 12, 2014 ORS 30.687 30.698 Only applies to certain injuries/harm Only protects certain people/entities Each state s equine inherent risk
More informationAttorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA LOS ANGELES COUNTY CENTRAL DISTRICT STANLEY MOSK COURTHOUSE
VACHON LAW FIRM Michael R. Vachon, Esq. (SBN ) 0 Via Del Campo, Suite San Diego, California Tel.: () -0 Fax: () - Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA LOS ANGELES COUNTY CENTRAL
More informationCooper Hurley Injury Lawyers
Cooper Hurley Injury Lawyers 2014 Granby Street, Suite 200 Norfolk, VA, 23517 (757) 455-0077 (866) 455-6657 (Toll Free) YOUR RIGHTS WHEN YOU ARE INJURED ON THE RAILROAD Cooper Hurley Injury Lawyers 2014
More informationWhite Paper: Auto Injury 101. What is PIP Insurance and who is covered?
White Paper: Auto Injury 101 What is PIP Insurance and who is covered? All Florida drivers are required to carry no-fault auto insurance, also known as Personal-Injury Protection (or PIP), except for bus
More informationIN THE COURT OF APPEALS OF INDIANA
FOR PUBLICATION ATTORNEY FOR APPELLANTS: MICHAEL A. MINGLIN Miller & Minglin, P.C. Indianapolis, Indiana ATTORNEYS FOR APPELLEE: JAMES W. ROEHRDANZ ERIC D. JOHNSON Kightlinger & Gray, LLP Indianapolis,
More information(404) 919-9756 david@davidbrauns.com www.davidbrauns.com
You are probably reading this guide because you were recently in an automobile accident. Now you are faced with some difficulties. The tasks of managing your care and your insurance claim can be confusing
More informationIndex. British Columbia Court of Appeal 80, 130, 164, 177 British Columbia Supreme Court 78 but for test 3, 5, 44. Canada Alberta Supreme Court 41, 79
Index abnormality. see normality; reasonableness test absence of tests 6 7, 259 accident insurance policies 143 4 accidental shootings dangerous chattels and substances 237 8 intervening conduct of children
More informationWAIVER OF LEGAL RIGHTS TO SUE OR MAKE CLAIM FOR INJURY WITH ARBITRATION CLAUSE AND ASSUMPTION OF THE RISK AND RELEASE
WAIVER OF LEGAL RIGHTS TO SUE OR MAKE CLAIM FOR INJURY WITH ARBITRATION CLAUSE AND ASSUMPTION OF THE RISK AND RELEASE STATE OF COUNTY OF I,, reside at the following address: (PRINT NAME) (PRINT ADDRESS)
More informationTHE GOOD SAMARITAN ACT AND PROTECTION FROM LIABILITY
CHAPTER 7 THE GOOD SAMARITAN ACT AND PROTECTION FROM LIABILITY by George F. Indest III, JD, MPA, LL.M SCOPE This chapter discusses the FLorida Good Samaritan Law and other laws which protect physicians
More informationPolicy Options: Limiting Employer Liability When Hiring Individuals Formerly Incarcerated
Policy Options: Limiting Employer Liability When Hiring Individuals Formerly Incarcerated Employers in Philadelphia require skilled and dedicated workers in order to be successful. Returning citizens (those
More information14-05313-16 CAUSE NO. JULIE TORBERT, as next friend of IN THE DISTRICT COURT PHILIP ORMSTON V. DENTON COUNTY, TEXAS
14-05313-16 CAUSE NO. FILED: 7/15/2014 1:32:23 PM SHERRI ADELSTEIN Denton County District Clerk By: Heather Goheen, Deputy JULIE TORBERT, as next friend of IN THE DISTRICT COURT PHILIP ORMSTON Plaintiff
More information3/30/2012. Presented By: Gary L. Wickert Matthiesen, Wickert & Lehrer, S.C. 1. Viewer Window 2. Control Panel
TEXAS AUTOMOBILE SUBROGATION Presented By: Gary L. Wickert Matthiesen, Wickert & Lehrer, S.C. GoToWebinar Attendee Interface 1. Viewer Window 2. Control Panel 2 STATE OF SUBROGATION IN TEXAS Good Auto
More informationPersonal Injury Laws
CHAPTER 6 Chapter 6 Slide 1 Personal Injury Laws Lessons 6-1 Offenses Against Individuals 6-2 Intentional Torts, Negligence, and Strict Liability 6-3 Civil Procedure LESSON 6-1 Chapter 6 Slide 2 Offenses
More informationCHAPTER 30: EMPLOYEE INJURIES
CHAPTER 30: EMPLOYEE INJURIES INTRODUCTION TO JOB SAFETY Our legal system has developed three ways of handling employee injuries: A. NEGLIGENCE SUITS Was developed under common-law where the injured employee
More informationPRODUCT LIABILITY INSTRUCTIONS. Introduction
Introduction The RAJI (CIVIL) 5th Product Liability Instructions refer only to manufacturers and sellers. These instructions should be expanded when appropriate to include others in the business of placing
More informationPREMISES LIABILITY. Everything you need... Important Updates: Invaluable Information: Research Taking Too Long? Release No. 9
PREMISES LIABILITY Release No. 9 Everything you need... Important Updates: Open and Obvious Dangers Theme Park Accidents Probable Cause for False Imprisonment Trespassing Children Handrails and Maintenance
More informationGuide to Personal Injury Claims
PART 1 - INTRODUCTION Our initial meeting At our first meeting, we will discuss the circumstances of your case and the prospects of obtaining compensation (damages) for your injury. We will explain to
More informationPremises Liability 101. If Injured on Property Am I Automatically Entitled to Compensation?
Premises Liability 101 If Injured on Property Am I Automatically Entitled to Compensation? No. The injured person always has to prove that their injuries were caused by the negligence of someone else.
More informationIN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CIVIL ACTION LAW
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CIVIL ACTION LAW SCOTT WESCOTT, III, : Plaintiff : : vs. : No. 09-3500 : BRENDA WHITE, : Defendant : Robert G. Bauer, Esquire Richard D. Adamson,
More information