Negligence Presentation-2

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Negligence Marisol Acosta GOV-360: Civil Law Kathleen Sedille October 15, 2023

Torts Overview • A disorderly conduct that causes harm. • An act that was morally wrong. • Wrongful actions resulting in civil legal liability.

Negligence- Duty • Having the responsibility to care for individuals. • The duty to have certain expectations for care among individuals. • An obligation to make decisions based on given circumstances or positions.

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Negligence-Breach • Failing to provide the expected standard of care. • Resulting in damage or injury to individuals. • An act of omission against individuals within similar circumstances.

Causation-Actual Cause • A negligent act that resulted in an individual getting injured with clear evidence. • The reason behind the tort action is ‘straightforward’ and direct. • The injury or damages was based on the breach of duty.

Causation-Proximate Cause • “proximate causation analysis starts with identification of a specific breach and looks forward to determining whether the accident that occurred was foreseeable given the breach.” (Hylton 2016, Pg. 1) • Tort action that causes injuries or damages indirectly.

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Damages • Damages include a part of evidence from the individual committing the negligent act. • A factor to an individual's breach of duty. • The effects of an injured victim involved in the situation of negligence. • Damages can occur during or after the tort act.

The Palsgraf Case • In 1920, Helen Palsgraf was struck by tiles of the roof in a railroad station in New York. • A guard of the station was helping two men board the train, while a second guard made the decision to push the man on the platform of the station leading to an unmarked box filled with fireworks slipping into the tracks and exploding. • This resulted in Palsgraf getting struck and sued the Long Island Railroad Company for Negligence due to the guard making a tort decision to cause Palsgraf injury.

A Negligence Case That Occurred in Your State. • Booth v. State of Arizona • Occurring in Flagstaff, AZ, Jerry Booth who was riding a motorcycle going down I-40 struck an elk that was lying in the middle of the road. • Jerry Booth sued the state for negligence and for failing to take responsibility for the animal and breaching its duty to keep the highways safe from individuals. • “At trial, he contended that the state negligently had failed to evaluate the known hazard of elk crossing the highway, use appropriate fencing, clear cut vegetation, or reduce the speed limit.” (Ariz 2004, Pg. 5)

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Torts Caps-Should There Be Caps? • “A ‘cap’ on damages is law that puts an arbitrary “one-size-fits-all” ceiling on the amount an injured person can receive in compensation by a judge or jury, irrespective of what the evidence presented at a trial proves compensation should be.” (Jd 2023 Pg. 3) • Yes, there should be caps because depending on the severity of the damages an individual is affected can help receive a fair amount of compensation.

Negligence Scenario • A scenario of legal negligence is if a grocery store has a liquid spill on the floor and fails to clean up or warn customers of the wet floor by placing a sign. If a customer were to slip and fall from the wet floor it would be considered negligence from the store. The element of negligence that is a factor in the scenario is a breach of duty because it occurs when a person’s conduct fails to meet an applicable standard of care. This could lead to a payout for the affected individual. (Hasner 2022, Pg. 1). It was the grocery store employees’ job to make sure situations like these were prevented and ensure the safety of the customers.

References • Ariz. (2004, January 30). Full case name: Jerry Booth, a married man, and Celina Booth and Melina Booth, minor children, by and through their parent Jerry Booth v. state of Arizona, a political entity . Animal Law Legal Center. https://www.animallaw.info/case/booth-v-state-arizona • Jd. (2023). FAQ about “caps” on damages . centerjd.org. https://centerjd.org/content/faq-about-caps-damages • Hasner, L. (2022, July 13). What is breach of duty? . Hasner Law, PC. https://www.hasnerlaw.com/atlanta-personal-injury-resources/what- is-breach-of-duty/#:~:text=Breach%20of%20duty%20occurs%20when,to% 20have%20breached%20that%20duty. • Hylton, K. N. (2016, June 5). Proximate cause (chapter 13) - tort law . Cambridge Core. https://www.cambridge.org/core/books/abs/tort-law/proximate-cause/BFFE4D 68C54FDDCB2164AD40565D82CB

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Negligence Presentation-2

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