LAW 122 Chapter Notes - Chapter 6: Gas Lighting, Product Liability, Rodenticide
16 Mar 2017
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If you don"t take risks you will become bubble boy. Elements of negligence: known as a negligence pyramid, the plaintiff must prove that the defendant, duty of care. Why could the defendant care? (relational analysis) They were required to act carefully toward the plaintiff. Look how close the relationship is: employee to employer. If your driving a car you owe a duty of car to those around you and those in the car: standard of care. How should the defendant care? (analyze the act or omission) Just b/c there is a duty does not mean you were careful: causation (caused harm) (don"t focus on) Who should care? (is there a connection between what the defendant has done & the injury suffered by the plaintiff?) Have to demonstrate that there is a causation to sue. Looks at the closeness of the factual relationship.
