wk2 2 operation3
DESCRIPTION
TRANSCRIPT
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