Wk2 2 operation3
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Wk2 2 operation3

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Wk2 2 operation3 Wk2 2 operation3 Presentation Transcript

    • REVIEW
    • OPERATION OF ORGANIZATION III
      • TORT LIABILITY
      • DEFENSES TO SPECTATOR LIABILITY CLAIM
    • 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