Negligence Torts

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Negligence torts are based on the premise that a person is liable for any injuries or harm that are the foreseeable consequences of his or her actions.

Proving Negligence Tort

• the theory of liability involves 4 elements that the plaintiff must show:
  • defendant owed the plaintiff a duty of due care
  • defendant breached his or her duty
  • breach of duty caused the plaintiff’s foreseeable injuries
  • plaintiff suffered damages

Duty of Due Care

A duty of due care is a person’s obligation to avoid acts or omissions that can harm others.

• level of duty that one person owes to another is based on the reasonable person standard
  • legal concept used to describe how an ordinary person would think and act
• special duty of due care rules for people in learned occupations
  • professions where special training and skill are required
  • held to a higher standard of care that is reasonable for members of that profession
    • E.g.,
      • lawyer’s duty of due care toward his or her clients is based on a reasonable lawyer standard

Defenses to Negligence Torts

• Assumption of risk
  • plaintiff had assumed the risk of the defendant’s actions and any injuries resulting from those actions
• Contributory negligence
  • plaintiff should recover nothing because his or her own actions also contributed to his or her own injuries
  • few jurisdictions follow this rule because it is very harsh
• Comparative negligence
  • plaintiff should recover only a pro rata share of damages because his or her own actions also contributed to his or her injuries
  • a plaintiff less than 50 percent at fault can recover a pro rata share of damages based on the defendant’s level of fault