BUL-3310 Lecture Notes - Lecture 9: Res Ipsa Loquitur, Rebuttable Presumption, Product Liability
20 Oct 2017
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If a business located on the beach provides masks and fins, they may possess an affirmative duty to warn if they knew sharks were in the water. Degrees of negligence: as a general rule, the greater the risk, the higher the duty owed to others. If paid to be careful, usually increases the duty owed: ordinary negligence- failure to use ordinary care, gross negligence- failure to exercise even slight care. Willful and wanton misconduct or a conscious disregard for the safety of others. Actual cause: the plaintiff must show the cause/effect relationship between the breach of the duty and the injury, (cid:862)but for(cid:863) the (cid:271)rea(cid:272)h of the duty would the plaintiff been injured. Proximate cause: the injury was foreseeable based on the breach of the duty of the defendant, decided on a case by case basis question of fact for the jury.
