Negligence and Unintentional Torts
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Transcript Negligence and Unintentional Torts
Negligence and Unintentional
Torts
What is a Tort?
• Damage to property or a personal injury
caused by another person is a civil wrong
called a tort
• Tort Law holds persons, private organizations,
and governments responsible for damages
and injuries
• Unintentional Torts – injuries that are the
result of an accident or an action that was not
intended to cause harm
Negligence
The most common type of unintentional tort
Occurs when you Cause injury to someone in a
situation where you should have known your actions
could cause harm
Negligence - factors
• Stage 1 – Duty of Care
– The obligation to avoid careless actions that could
cause harm to one or more persons.
– Neighbour principle
• The legal responsibility to owe a duty of care not to
harm one's neighbour by being careless or negligent
• Your neighbour is anyone who you can reasonably
foresee being injured by your actions
• Foresee ability – being aware that your actions could
cause injury to someone
Negligence – factors
Stage 2 – Standard of Care
if a duty of care is owed to a “neighbour”, to what
extent is that duty required?
What would a reasonable person do in a similar
circumstances?
A reasonable person is considered to be an ordinary person of
normal intelligence
Professional liability – specialised standard of care
People with specialised skills or training have a higher
standard of care with respect to their field of expertise
A reasonable person with the same specialised training
Medical negligence
Patients much give voluntary , informed consent in normal
circumstances before a doctor can perform any medical
procedure or test
Negligence – factors
• Stage 2 – Standard of Care
– Children
• Special status under the law
• Children under the age of 6 are rarely found liable for their
actions as they are believed to be too young to foresee the
consequences
• Children over the age of 6 – courts consider their age,
intelligence, life experience and what another child of similar
age and intelligence would have done under similar
circumstances
• Adult activities – i.e. driving a motor vehicle – child is
responsible for the same standard of care as an adult
Negligence – factors
• Stage 2 – Standard of Care
– Parental Responsibility
• Parents are not automatically liable for their children’s
actions
• Can be held responsible if they fail to supervise or train their
children
• Certain provinces have laws that hold parents responsible
for torts committed by their children
– Parents may need to prove that they acted responsibly in order to
not have to pay damages
• Children can sue their parents if the parent acted
irresponsibly
Negligence – factors
• Stage 2 – Standard of Care
– Rescuers
Good Samaritan laws generally hold the standard of care
for rescuers to a lower standard than other situations
Person who was negligent in his/hers actions and caused
the situation owes a duty of care to both the victim and
the rescuer
Negligence – factors
• Stage 3 – Causation
– Cause-in-Fact
• “but for” test – i.e. the injury would not have occurred “but
for” the defendant’s actions
– Apportionment
• The division of fault among wrongdoers
– Remoteness of Damage
• Harm that could not have been foreseen due to a lack of
close connection between the wrong and the injury
– Intervening act
• An unforeseeable event that interrupts the chain of events
started by the defendant.
Negligence – factors
• Stage 3 – Causation
– Thin-Skull rule
• Defendant is liable for all damages caused by
negligence despite any pre-existing conditions that
make the plaintiff more prone to injury
Special Types of Liability
• Product Liability
– Manufacturers have to meet a higher standard of
care in order to prevent injury to consumers of
their products
• Product must be free of harmful defects
• Product is properly manufactured
• Consumer must be properly informed about how to use
the product safely
• Consumer must be warned about the risks associated
with using the product
Special Types of Liability
Occupiers’ Liability
People who own or occupy a property have a duty to
maintain their property so that no one entering the
premises is injured
Standard of care is dependent on the kind of visitor
Invitee (highest standard of care)
– Person invited onto the premises for a business purpose
Licensee
– Social visitor such as a friend
Often the first two categories are combined
Trespasser
– No legal right to be on your property
– Children who trespass are treated differently than adults
(allurement)
Special Types of Liability
• Hosts
– People who serve alcohol to their guests
• Commercial hosts have a statutory duty of care to their
patrons and anyone who may be injured by their
patrons’ negligent driving
• Social hosts law is developing
Special Types of Liability
• Vicarious Liability
– Legal responsibility for the negligence of another person
• Employer may be responsible for the actions of the employees
• Automobile Negligence
– Negligence as a result of the operation of a motor vehicle
– Usually covered by liability insurance
• Strict Liability
– Defendant is automatically liable for any injury caused by a
dangerous substance or activity
• Animal control laws
• Pollution
Defences to Negligence
Did not owe a duty of care
Met the standard of care
Your actions did not cause the injury/damage
Contributory Negligence
Plaintiff contributed to the injury by displaying unreasonable
conduct
Voluntary Assumption of Risk
Plaintiff knowingly and willingly assumed the potential risks
normally associated with the activity
May have to sign a waiver before being permitted to participate
Signing a waiver does not automatically exempt the defendant from
liability
Defences to Negligence
• Other Defences
– Inevitable accident
• Accident was unavoidable due to an uncontrollable
event
– Act of God
– Accident caused buy an extraordinary, unexpected natural
event
– Explanation
• Accident occurred for a valid reason even though the
defendant took every precaution
Statute of Limitations
People must sue for damages within a reasonable time