Torts-materials

Reasonable care The principle behind liability/fault Tools for defining reasonable care include: Foreseeability Hand Formula (B < P*L) The Reasonable Person BPL Example Precaution B P * L Total Cost None $0 (or ∞) $100k $100k Solar Panels $200k $0k $200k Spark Arresters $30k $50k $80k Scenario 1: No precautions available to defendant Scenario 2: Only solar panels available Scenario 3: Both solar panels and spark arresters available

Housekeeping Make up class: 8:45am - 10:00am on Thursday April 27, 2023 Hall of the 70s (this classroom) Office hours today: 12:00pm - 1:00pm Study Room C302 in the Library

Res Ipsa Recap Res Ipsa Requirements: Harm results from the kind of situation in which negligence can be inferred Defendant was responsible for the instrument of harm Differences Across Jurisdictions Inference of negligence

Sheeley v. Memorial Hospital Geography & Experience The ultimate question is still: Reasonable Care Matthies v. Mostromonaco Lack of Informed Consent Cause of action could stem from either:

How I would approach a question for this class — How to perform well on an essay question in this class — Sample answer — Yesterday’s Example Question: A plaintiff, Randal Briggs, has sued his doctor, Peggy Rice, for medical malpractice, alleging that she negligently performed a surgical operation to repair an injury to his leg that Briggs sustained when he fell off of his tractor on his farm in Iowa.

Today’s Agenda Review of Defenses In-Class Exercise Negligence Elements of a cause of action: — Duty — Breach — Causation — Harm Defenses: — Contributory or Comparative Negligence — Assumption of Risk

Practice Exam Question Two Steps to Writing an Exam Answer Take thorough notes, exploring the problem from all angles. Extract information from those notes to build a thoughtful, logical, persuasive argument.

Ideology Does Tort Law Have an Ideology? Big Picture: Workers’ Comp vs. Tort Law Deterrence Compensation Administrative Cost Equity - Negligence Strict Liability Intentional Torts Type of

Elements of a Tort Claim Elements of a Tort Claim Duty Breach Causation Harm Elements of a Tort Claim Duty Breach Causation Factual Cause Proximate Cause Harm Strauss v.

You should be worried. Before you begin: Connect with your core values. Discern your immediate goal. Why take this preliminary step? Connecting to core values makes the work easier and more fulfilling.