NEGLIGENCE

1
NEGLIGENCE

• TORT LIABILITY BASED ON A FAILURE TO EXERCISE
  REASONABLE CARE AND SKILL

2
ELEMENTS OF NEGLIGENCE

• DUTY TO PROTECT THE PLAINTIFF FROM HARM
• BREACH OF DUTY DEFENDANTS FAILURE TO EXERCISE
  DUE CARE
• CAUSATION BREACH IS ACTUAL AND PROXIMATE CAUSE
  OF PLAINTIFFS
• DAMAGES INJURY TO PLAINTIFF

3
DUTY

• Duty imposed by law to protect another from harm
• Duty usually exists if defendants conduct
  creates a foreseeable risk of harm to plaintiff
• Can arise from a statute, government regulation,
  contract or relationship between the parties

4
Breach of Duty

• What is the standard or level of care required?
• REASONABLE PERSON standard - ordinary negligence
  objective standard based on what a reasonable
  person would do under circumstances
• CHILD STANDARD subjective standard based on
  childs age, maturity, intelligence, experience
• PROFESSIONAL standard - malpractice based on
  the standards or expectations of the profession

5
Breach of Duty

• Did defendant fail to live up to the standard of
  care?
• Proof of negligent act
• Direct or circumstantial evidence

6
Statutory Violations

• NEGLIGENCE PER SE
• Proving violation of statute shows elements 1 and
  2 duty and breach of duty
• Jury allowed to base finding of negligence on
  statutory violation

7
Res Ipsa Loquitur

• Thing Speaks for Itself - An event that usually
  does not occur without someones negligence
• Jury allowed to find negligence from the mere
  happening of that event

8
North Dakota Dram shop Law

• Every spouse, child, parent, guardian, employer,
  or other person who is injured by any obviously
  intoxicated person has a claim against
• Any person who knowingly disposes, sells,
  barters, or gives away alcoholic beverages to a
  person under twenty-one years of age, an
  incompetent, or an obviously intoxicated person