Cases and Resources
Chapter 20: Negligence
Elements
of Negligence
Duty and Breach
Causation
Damages
Defenses to Negligence
Suits
Elements
of Negligence
Understanding
Negligence Law
Read this easy-to-understand article about the law of negligence.
How did the concept of negligence emerge? What types of cases
deal with negligence law? To prove a tort of negligence, you
must show that there was a duty, a breach of that duty, causation,
and damages.
Titanic
Negligence Suit
Read a complaint filed for a passenger who died when the Titanic
sank. Note how each element of the complaint is explained
separately by the plaintiff.
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Duty
and Breach
FindLaw:
Duty and Breach
Before someone can be found guilty of negligence, it must
be decided if that person had a duty to the injured person.
Read this explanation of negligence and situations when a
duty arises.
Business
Duty
Compare the duty of a business, not an individual person,
to those in the community. How are duties different for businesses
and people?
Breach
of Duty
When a duty exists, a breach of that duty can lead to a negligence
charge. A breach of duty occurs when a person with a duty
acts in an unreasonable manner, or differently from how a
reasonable person would be expected to act in a similar situation.
Reasonable
Person Standard
Learn about the “reasonable person standard.”
This standard is very important in determining whether or
not a person has breached his or her duty.
Social
Host Liability
When an adult serves alcohol in his or her own home, the adult may be liable for damages that occur. Read this brochure from Massachusetts and learn about host liability. What do people need to keep in mind when serving alcohol at home?
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Causation
Proving
Causation
After the first two requirements in a negligence case are
established—the existence of a duty and a breach of
that duty—the plaintiff in a negligence case must prove
causation.
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Damages
Definition
of Damages
Once duty, breach, and causation are proven, a plaintiff in
a negligence case must prove that he or she was damaged in
some way. The plaintiff can collect different kinds of damages
for different types of negligence actions. Money awards are
not the only type of damages that can be sought. What are
some other types?
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Defenses
to Negligence Suits
Tobacco
Lawsuits: Example of Defenses to Negligence Suits
Read several articles about the lawsuits against tobacco companies.
Were the tobacco companies negligent in selling cigarettes?
What types of defenses could the tobacco companies raise?
Opposition
to Tobacco Suits
Read an article opposing negligence suits against tobacco
companies, and decide which side of the argument you think
presents a more convincing case.
Paintball
Adventure Waiver
Many businesses have people sign a release waiver before participating
in any activity that could cause harm. The businesses are
trying to protect themselves from a negligence suit by informing
people of the danger involved and the risks they are assuming.
Have you ever signed a release like this one?
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