When you finish this chapter, you should: Identify the elements of negligence, define the reasonable care standard and the role of for eseeability, explain whether a defendant has breached a duty of reasonable care and applicable defenses, understand special doctrines and injuries in the law of negligence. | Crimes & Torts Crimes Intentional Torts Negligence & Strict Liability Intellectual Property & Unfair Competition 2 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. Negligence & Strict Liability P A E T R H C 7 “Mistakes are a fact of life. It is the response to error that counts.” Nikki Giovanni Learning Objectives The Elements of Negligence Defenses to Negligence Special Doctrines Related to Negligence 7 - The elements of a negligence claim are Defendant owed a duty of care to plaintiff, Defendant committed a breach of duty, Breach was actual and proximate cause of Injury experienced by the plaintiff Negligence 7 - Example of duty or lack thereof: Williams v. Cingular Wireless Facts & Procedural History: Plaintiff was injured by a driver using a cell phone provided by Cingular Plaintiff sued Cingular for negligence in providing the cell phone Trial court dismissed case; Plaintiff appealed Issue: Did Cingular owe a duty of care . | Crimes & Torts Crimes Intentional Torts Negligence & Strict Liability Intellectual Property & Unfair Competition 2 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. Negligence & Strict Liability P A E T R H C 7 “Mistakes are a fact of life. It is the response to error that counts.” Nikki Giovanni Learning Objectives The Elements of Negligence Defenses to Negligence Special Doctrines Related to Negligence 7 - The elements of a negligence claim are Defendant owed a duty of care to plaintiff, Defendant committed a breach of duty, Breach was actual and proximate cause of Injury experienced by the plaintiff Negligence 7 - Example of duty or lack thereof: Williams v. Cingular Wireless Facts & Procedural History: Plaintiff was injured by a driver using a cell phone provided by Cingular Plaintiff sued Cingular for negligence in providing the cell phone Trial court dismissed case; Plaintiff appealed Issue: Did Cingular owe a duty of care to the plaintiff? Without a duty, there can be no breach Law Applied to Facts: Defendant had no relationship to plaintiff so as to create a duty Little or no foreseeability that the sale of a cell phone would cause plaintiff’s injury Imposing a duty on defendant would not be sound public policy Holding: Dismissal of claim against Cingular affirmed In general, a defendant owed the plaintiff a duty of reasonable care if the plaintiff would foreseeably be at risk of harm from the defendant’s conduct If a duty existed, then the question is whether the defendant acted as a reasonable person of ordinary prudence would have acted under the same or similar circumstances Reasonable person standard Duty of Due Care 7 - A duty may arise if a special relationship existed between the parties, such as doctor-patient, lawyer-client, accountant-client An example of reckless behavior that may harm another is an intoxicated driver in a vehicle who injures another person. The driver intentionally .
