BLS 342 Lecture Notes - Lecture 1: Affirmative Defense, Contributory Negligence, Strict Liability
7 Mar 2017
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You didnt do anything on purpose but you had a responsibility and you messed it up. 1) defendant had duty of care to plaintiff. More so if you are a professional. 2) defendant breached his duty of care. 3) the breach of duty was both the proximate and actual cause of plaintiff"s injury. Actual cause means but for those actions the plaintiff would not have been injured to determine proximate cause ask was the plaintiff"s harm a reasonable foreseen result of breach of duty? . Basic elements of negligence: duty, breach, cause, damage. Do not have evidence of breach and causation. Need an affirmative defense the injury speaks for itself in the absence of negligence, this wouldn"t have happened. No evidence of duty or breach replaced with statutory violation. Show this was cause of injuries law violation causes injury. Statutory violation: someone who is breaking the law. Have to show someone broke the law and that injured you.
