wk2 2 operation3

I. REVIEW

II. OPERATION OF ORGANIZATION III TORT LIABILITY DEFENSES TO SPECTATOR LIABILITY

CLAIM

III. WRAP-UP

NEGLIGENCE: 4 ELEMENTS (PLAINTIFF MUST PROVE ALL)

Duty Breach of duty Causation Damage

DEFENSES TO NEGLIGENCE CLAIM

Statute of limitation Act of God Contributory/comparative negligence Assumption of risk Immunity

TYPES OF TORT CLAIMS

In terms of nature of action Claims for intentional torts Claims for negligence Product liability

In terms of status of tort victim Participant liability (Module 3) Spectator liability (Module 4)

TORT LIABILITY: ELEMENTS OF NEGLIGENCE

Duty Breach of duty Causation Damage

TORT LIABILITY: DUTY

Q: Whether Defendant has duty to protect Plaintiff

Decided by judge (Q of law)

Created by relationship between people

TORT LIABILITY: DUTY & PEOPLE’S STATUS

The more Plaintiff relied, higher the duty is Trespasser: No duty Licensee (party guest): Owner is only liable

for injury from “known” danger Invitee (spectator): Owner is liable for

known danger + danger that would have been found by reasonable inspection (highest level of duty)

TORT LIABILITY: BREACH OF DUTY

Whether Defendant was negligent in light of reasonable person’s standard

Decided by jury (Q of fact) Two types

Inaction: Defendant did not do what he had to do

Negligent act: Defendant did but he screwed up

TORT LIABILITY: CAUSATION

Actual causation: “BUT FOR” test

“But for” Defendant’s act, Plaintiff did not get injured

Whether the chain of events would be severed if Defendant was not so stupid

Example: Ran over a dying person who was fatally shot & mugged

TORT LIABILITY: CAUSATION

Proximate causation

Test of foreseeability (fairness) Whether the harm could be of a type that can

be expected by the negligent act

TORT LIABILITY: DAMAGE

There must be a damage that can be remedied by court decision

Compensation of damage Compensatory damage Punitive damage

TORT LIABILITY: DEFENSES

Statute of limitation (“It’s too late”) Act of God (“Not me but Him”) Contributory/comparative fault of plaintiff

(“You also did something stupid”) Assumption of risk (“You knew it!”) Immunity (“We are exempted by law”)

DEFENSE: ASSUMPTION OF RISK

“You came this town while you knew it was dangerous”

“Open & obvious risk”

Barbato v. Hollow Hills Country Club Slip & fall injury around a green P had seen a sprinkler was watering the area

ASSUMPTION OF RISK DEFENSE: LIMITS

Not for entire area (e.g., parking lot)

Distraction doctrine: If risk is not inherently involved with the event no assumption of risk defense

Lowe v. CA League of Professional Baseball Foul ball case in baseball park Mascot might have distracted Plaintiff Foul ball is an assumed risk at the ballpark but the

mascot’s distraction is not

TORT CONTINUUM

No fault Negligence Intentional torts Criminal behavior

4 ELEMENTS OF NEGLIGENCE

Duty Breach of duty Causation Damage

ASSUMPTION OF RISK DEFENSE

“You knew that it was dangerous when you came here for watching game”

Distraction doctrine: No assumption of risk defense available if danger is not inherent