LGS 200 Lecture Notes - Lecture 6: I.R.S. Records, Comparative Negligence, Tort
23 Aug 2016
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The tortfeasor neither wishes to bring about the consequences of the act nor believes that they will occur: the actor"s conduct merely creates a risk of such consequences, if no risk is created, there is no negligence. Malpractice: no duty to rescue = not responsible as a bystander (more of an ethical code) The injury requirement and damages (page 300: charge leaving the scene of the accident, compensatory damages. Intended to compensate or reimburse a plaintiff for actual losses. Property damage, medical bills, pain/suffering, etc: punitive damages (are rare) Intended to punish the wrongdoer and deter other from similar wrongdoing. Causation: you must have caused the action, causation in fact = but for , proximate cause, foreseeability. Superseding cause (heart attack, kid jumps out, etc. Out of your control or deviate from norm) Good samaritan statutes = persons whom others aid voluntarily cannot turn around and sue the. Good samaritans for negligence: commonly protecting medical personnel in emergency situations.
