BLW 1001 Lecture Notes - Lecture 7: Res Ipsa Loquitur, Eggshell Skull, Contributory Negligence

• School: St. John's University
• Department: BLW - BUSINESS LAW
• Course: BLW 1001
• Professor: Boland- De Vito

Document Summary

Negligence: an unintentional breach of duty by the defendant. The defendant had a duty not to injure the plaintiff. The defendant"s breach was the actual and legal (proximate) cause of the plaintiff"s injuries. Everyone has a duty to avoid injuring others. Exposing another to harm is a breach of duty. An objective standard of conduct is used to judge behavior. Negligence per se: violating a statute is negligent. Res ipsa loquitor: the act itself proves negligence. The breach of duty must be the direct cause (cause in fact) of the plaintiff"s injuries. Proximate cause: legal limit on the extent of negligence liability: Foreseeability: injury must have been predictable or within the scope of the foreseeable risk. Defendant"s take plaintiffs as they find them. A defendant is liable for injuries to plaintiffs with an egg-shell skull, which means plaintiffs more susceptible to injury. Courts are reluctant to allow for purely mental injuries produced by negligence.