BLAW 2301 Chapter Notes - Chapter 7: Res Ipsa Loquitur, Special Duty, Tort Reform
Document Summary
To win a negligence case, prove 5 elements: duty of due care. Defendant had a legal responsibility to the plaintiff: breach. Defendant breach their duty of care or failed to meet their legal obligations: factual cause. The defendant"s conduct actually caused the injury: proximate cause. It was foreseeable that conduct like the defendant"s might cause this type of harm: damages. The plaintiff has actually been hurt or suffered a loss. Each person has a duty to behave as a reasonable person would under the circumstances. Landowner is liable to a trespasser only for intentionally injuring him or for some other gross misconduct. If there is anything on the land that may be reasonable to attract a child, the landowner is liable for any harm. Licensee is anyone on the land for her own purposes but with the owner"s permission. Licensee is entitled to a warning of hidden dangers that the owner knows about.
