LPP 255 Chapter Notes - Chapter 7: Operating Expense, Strict Liability, Product Liability
26 Jan 2014
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What is reasonable conduct: courts consider the nature of the possible harm, plaintiff must prove: Duty= the defendant owed a duty of care to the plaintiff. Causation= the defendant"s breach caused the plaintiff injury. Damages= the plaintiff suffered a legally recognizable injury. Duty of care: if we are to live in society with other people, some actions can be tolerated and some cannot, some actions are reasonable and some are not. Duty of landowners: reasonable care to protect individuals coming onto their property from harm. Duty of professionals: if an individual has knowledge or skill superior to that of an ordinary person, the individual"s conduct must be consistent with that status. No duty to rescue: you will not be considered negligent for failing to come to the aid of a stranger in peril: malpractice= professional negligence. Causation: court must address two questions, 1. Did the injury occurred because of the defendants act or would it have happened anyway.
