LW 221 Lecture Notes - Lecture 3: Personal Injury, Strict Liability, Damages
Document Summary
Tort law personal injury law: victim has a cause of action and therefore can sue other parties for monetary damages. Hitting a car, doing something wrong in surgery: biggest area of tort law. Strict liability: liability without fault, party is liable if he cued the damage even if he did not act intentionally or careless. Damages caused by sales of defective products by a merchant. Damages cause by abnormally dangerous/ultrhazzardous activities such as dynamiting. Damages cause by a wild animal in someone"s possession. Negligence: in order to win a case the plaintiff must prove four elements: Plaintiff will not win unless he proves the defendant owed him legal duty to be careful. If you are operating a business and the plaintiff is your customer (help in a reasonable manor) The defendant was operating a business and the plaintiff was the defendants customer. The defendant was an immediate family member of the plaintiff.
