Warm-up

1
Warm-up

• What is negligence?
• What are the elements of negligence?

2
Example of Duty of Care
Julia was injured while diving at a public pool.
The injury could have been avoided if the diving
board had a guardrail. Julia sued the states
Department of Health.
3
Example of Duty of Care
The court ruled the Department of Health had a
duty to the states sanitary code, not a duty to
inspect for safety problems. The Department of
Health had no duty to Julia.
4
Intentional and Unintentional Torts
Torts
Intentional Torts
Unintentional Torts
When a person commits a wrong against another and
knows and desires the consequences of his or her
act.
When acting in a careless manner causes damage or
injury.
Examples
Examples
Assault and Battery Trespass False imprisonment
Negligence Strict liability
5
Defenses to Negligence

• Contributory Negligence- evolved into
  comparative negligence.
• Comparative Negligence- Negligence of each party
  is compared. Example Auto Accidents. 50-50
  Rule!
• Assumption of Risk Used by baseball
  organizations when a fan is injured.

6
Strict Liability

• Defined- ultrahazardous activities that no amount
  of care will eliminate risk.
• Examples- using explosives, keeping wild animals,
  storing highly flammable liquids.
• If people are injured from these activities the
  person responsible will be held liable. There is
  no defense!

7
Wrongful Death

• People affected by the death of a person have the
  right to sue.
• Have to be a family member.
• Usually reserved to husbands, wives, children,
  and parents.