BMGT 380 Lecture Notes - Lecture 18: Franz Walter Stahlecker, Wrongful Death Claim, Haemophilia
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In order to prove negligence, must show: a. negligence, defendant owed a duty of care to plaintiff, defendant breached that duty, have to show that the breach caused your injury. Breach was the actual cause of your injury. Important: guy who is injured also sues cingular (manufacturer) phone they are putting him in foreseeable danger: motion to dismiss granted, appeal, cingular won, appeals court says, 1. How foreseeable was it that the harm would result: more foreseeable it was, the more likely it was that there was a breach, 2. Seriousness of the harm: the greater the harm, the more likely it is that there was a breach, 3. Social utility: e. g. a speeding firetruck/ambulance and it blows through a stop sign and causes an accident. It is speeding to get a stroke victim to the hospital, so there was social utility: 4.