LAW 122 Chapter Notes - Chapter 6: Product Liability, Breast Implant, Contributory Negligence
28 Feb 2018
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Negligence determines whether the defendant can be held liable for carelessly causing the plaintiff to suffer a loss or injury. Negligence requires the plaintiff to prove that the defendant: Owed a duty of care, in that they were required to act carefully toward the plaintiff. Breached the standard of care by acting carelessly. Was guilty of contributory negligence that caused or contributed to the injury. Voluntarily assumed the risk of being injured by the defendant. Was injured while engaged in some form of illegal behavior. Duty of care (1) + breached standard of care (2) + causation of loss (3) = liability unless defence (4) It only exists if the defendant is required to use reasonable care to avoid injuring the plaintiff. Judge must ask if the duty of care has been established. If not three questions must be asked: was it reasonably foreseeable that the plai(cid:374)tiff (cid:272)ould (cid:271)e i(cid:374)jured (cid:271)(cid:455) the defe(cid:374)da(cid:374)t"s carelessness.
