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NEGLIGENCE
General
Even in absence of an act, could be liable if behavior was faulty
Some individuals held to a higher standard that others
Common carriers and innkeepers
Extraordinary care
Responsibility to “common folk” - they hold themselves open to everyone
Because they are accepting money from them for services, we can hold you to a duty to cover nonfeasance (non-action)
Policy Arguments
Growth of Negligence and Economic Growth
Subsidy for the protection of smaller/new industries
Create immunities from legal liability
Plaintiff usually tries to show that some inexpensive precaution (such as a fence) could have prevented some likely serious injury
While the defendant tries to show that the precaution was excessively costly, redundant, ineffective or downright dangerous
Elements:
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Duty
General Standard of Care
Fault Based Liability
You did something imprudently, incautiously, unreasonably and caused harm
Only will be liable if you failed to act prudently and cautiously and then will need to pay
If you acted reasonably, prudently, as the ordinary person, then no need to pay
Need to act with ordinary care = no liability
It is the plaintiff’s burden to show otherwise
If you are defendant, you prefer this way because now you have a chance to prove/defend yourself
Standard: Ordinary reasonable care
Innkeepers and Common carriers – extraordinary care
No general duty to rescue – no duty to nonfeasance
If you do something dangerous that puts plaintiff in danger, then duty to rescue owes
Brown v. Kendall
Facts:
Two dogs, owned by Brown (plaintiff) and Kendall (defendant), were fighting in front of their masters. Kendall took a large stick and began beating the dogs for the purpose of separating them. Brown was standing behind Kendall watching. Kendall took a step back and raised the stick over his head with the intent to strike the dogs. In doing so, Kendall struck Brown in the eye and caused him severe injury.Brown sued Kendall in an action of trespass for assault and battery.
Holding:
A person will be liable for injures caused by trespass only if his intent is unlawful, or he is at fault.
Act with fault – failure to act in a certain way
Reasoning:
Defendant wont be liable if he can prove he was exercising extraordinary care – DEFENDANT HAS TO PROVE IT
Defendant would be liable if he didn’t use extraordinary care
No liability for injuries occurring incidentally to the action
Plaintiff must come prepared with evidence to show either that the intention was unlawful, or that defendant was at fault
Need to show there was no exercise of due care
for if the injury was unavoidable, and the conduct of the defendant was free from blame, he will NOT be held liable
If act was lawful and it’s purely an accident = NO liability
If plaintiff and defendant were both using ordinary care, or the defendant was using ordinary care, or both were not using ordinary care
NO Recovery for plaintiff
Ordinary care
Kind of degree of care, which prudent and cautious men would use, such as required by the exigency of the case, and such as is necessary to guard against the probable danger
Defendant in this way – YES (No liability) NO (liability)
Contributory negligence = at this time, NO recovery
Kendall’s actions, in attempting to part fighting dogs, one of which he owned, was lawful. If, in performing this act, he used ordinary care in attempting to avoid injury to others, he cannot be held liable for Brown’s injuries. The burden of proof of showing that Kendall did not use ordinary care is on Brown. This is a question that must ultimately be resolved by a jury, and a new trial is ordered.
Brown v. Collins
Facts:
Brown (plaintiff) owned a stone post that contained a street lamp. Collins (defendant) was operating a horse-drawn wagon loaded with grain near Brown’s post. Collins was stopped near a railroad track. Anengine passed and frightened Collins’ horses. The horses became uncontrollable and bolted from the tracks. Collins was thrown from his seat, and the horses and wagon crashed into Brown’s post, causing damage. Brown sued Collins for trespass.
Holding:
Negligence is required for liability for damages caused by the escape of something one lawfully brings onto his own property.
Reasoning:
Contrary to Rylands v. Fletcher
No basis for distinguishing natural and unnatural use of land
Preserve natural structure of society
Strict liability for these kind of damages discourages people from building up their property, since everything has ability to escape from the property
Need an industrial society – everyone benefits
If it is “pool”, you become a better member of society because you are more productive, because you got to relax
Strict liability pays no attention to the actual elements for fault
Because Brown has not shown that Collins acted negligently, it was without his actual fault in the defendant, his horses broke from his control, ran away with him, went upon the plaintiff’s landand did damage there, against his will, intent and desire of the defendant. Collins is not liable for damage caused to Brown’s property.
In line of Brown v. Collins
Losee v. Buchanan
Plaintiff sued for damages that resulted when the defendant’sboiler, while being operated with all care and skill, exploded and flew into neighbor’s land, which caused damage to the buildings located there
Court said the action is denied. Industrial time and need to build our society and civilization....
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All of the notes you will ever need for a Tort Law final examination. Contains notes on cases, Restatements, statutes, the Constitution, and more....
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