Liability

4/30/2015

1

Torts: Negligence

Objectives

• Intro to torts

• Negligence

• Elements of negligence

• Defenses

4/30/2015

2

What is a Tort?

• A tort is a wrongful act that results in some kind of injury to another and is subject to civil legal liability

Examples

• False imprisonment

• Personal injury

• Trespassing

• Infliction of emotional distress

• Defamation

• Interference with prospective business advantage

• Negligence

4/30/2015

3

What is Negligence?

• Negligence is conduct that falls below a reasonable standard and creates an unreasonable risk of injury to another

Elements of Negligence

• Duty

• Breach

• Causation

• Loss or injury

4/30/2015

4

Duty

• Landlord/tenant

• Employer to third parties

• Professionals to third parties

Elements of Negligence

• Duty

• Breach

• Causation

• Loss or injury

4/30/2015

5

Elements of Negligence

• Duty

• Breach

• Causation

• Loss or injury

Elements of Negligence

• Duty

• Breach

• Causation

• Loss or injury

4/30/2015

6

Standard of Conduct

• Reasonable person standard

• Negligence per se

Defenses

• Contributory negligence

• Comparative negligence

• Causation

• No injury

4/30/2015

7

Summary

• Torts can pose enormous legal exposure for your business

• Negligence occurs when conduct falls below a reasonable standard and causes injury

• Remember employers can be held liable for torts committed by employees