Negligence

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

Negligence as a Concept

Relates to the elements of duty and breach

The “fault” principle

Defined as a failure to exercise “reasonable care”

Exercise: Opposite holdings

Develop arguments for the opposite holdings from the holdings you just read in Adams v. Bullock and Braun v. Buffalo.

For Adams, develop the strongest argument that the jury verdict should be upheld because the defendant did not exercise reasonable care.

For Braun, develop the strongest argument that the defendant was not negligent as a matter of law because the defendant did exercise reasonable care.

The Reasonable Person Standard

An objective standard¹ designed to clarify what reasonable care requires

Justifications for an objective standard

1. Administrative feasibility
2. Consistent enforcement of community norms
3. Equality & fairness

Exceptions to objective standard

1. Physical disability
2. Children
3. Expertise

Not exceptions to objective standard

1. Mental disability
2. Children engaged in adult activity
3. Old age & infirmity

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