Negligence Formula

Duty (standard of care) Breach Causation harm

2 but for causes; each on its own could have caused the harm 2 independent factors; neither on its own could have caused the harm Industry-wide liability/market share liability Harm is the % lost Damages = lost % x value of life Substantial factor in result (but < 50%) s negligence increased risk of bad outcome

Establishing a Standard of Care Objective Reasonable Person

o o o physical characteristics? Personal/mental characteristics? External circumstances? Trade (merchants) profession

Multiple possible causes

o

Lost chance
o o

Custom
o o

Substantial factor
o o

Efficiency (Business Expenditures)

o o o

If B < PL, then unreasonable NOT to take precaution Transaction costs that go into burden of precaution costs of increasing probability of other injuries if take precaution

Proximate Cause thin skull

o

Breach: Violation of Statute Applicability of statute

o o o o Class of protected persons Type of injury protecting against Liability > fault? CL duty as well? NPS Presumption to rebut Evidence of Negligence

extent of harm need not be foreseeable; takes as he finds him limit: only foreseeable s if no IF, no limit to liability if IF foreseeable? ( is liable) unforeseeable? ( not liable for harm) was IF a 3rd party criminal activity? If so, is it type of crime&harm that duty is intended to protect against?

foreseeability
o o o

direct consequence v. IF

Effect of statute
o o o o

Versus Compliance w/Statute o Not conclusive

Breach: Res Ipsa Loquitur Inference: No accident absent negligence Ds Exclusive control P didnt contribute to fault Cause in Fact But-for test
o o 51% test no harm but for the negligence

Rescue doctrine

Concurrent causes