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Bethel v. New York City Transit Authority

The standard of the highest degree of care

versus

the standard of reasonable care

Readings

Sex and Gender: The Reasonable Woman?

The Right to Live in the World: The Disabled in the Law of Torts

Roles of Judge & Jury

Negligence as a Cause of Action

Plaintiff must prove four elements:

1. ??????????
2. ??????????
3. ??????????
4. ??????????

Negligence as a Cause of Action

Plaintiff must prove four elements:

1. Duty
2. Breach
3. Causation
4. Harm

Reasonable care

Ways to determine reasonable care under the circumstances include:

- Foreseeability

- The Reasonable Person

The Reasonable Person Standard

Objective standard

Exceptions to objective standard: - Physical disability - Children - Expertise

Not exceptions to objective standard - Mental disability - Children engaged in adult activity - Old age & infirmity

Baltimore & Ohio Railroad Co. v. Goodman

and

Pokora v. Wabash Railway Co.

and

Akins v. Glen Falls