BLBU 2234 Chapter 8: Negligence and Strict Liability
4 Feb 2019
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Person acts negligently if do not exercise reasonable care under all circumstances. Person is under duty to all others at all times to exercise reasonable care for the safety of others (and property) Five elements plaintiff must prove: duty of care, breach of duty (failed to exercise reasonable care, factual case (failure to act reasonably caused harm, harm (harm protected against negligent conduct, scope of liability. Law considers following factors when determining risk of harm reasonable. Foreseeable probability conduct will result in harm. Foreseeable severity of any harm that may follow. Burden of taking precautions to eliminate risk of harm. Reasonable person standard (carefulness a reasonable person would exercise) Children: standard of conduct must conform is that of reasonably careful person of same age, intelligence and experience, capacity and judgment to understand, do not possess judgment, knowledge, intelligence and experience as adults.
