Negligence refers to failure to demonstrate care that a person is supposed to exercise in a given situation. Actionable negligence has four elements: Tortfeasor owed the complainant duty of care, tortfeasor breached, causing plaintiff and recognizable injury.
Duty of care and breach is failure to comply with duty of care consist act or omission. It is divided into reasonable care, which is the degree of care expected from a reasonable individual, and tort law, which assumes that an individual is reasonable for being honest, careful and less tempered.
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No duty to rescue is the failure to assist stranger while in danger, and considered negligent under tort law. The duty of care on premises is divided into landowner duties, which refers to display of reasonable care to people accessing the property; and business invitees explains that, businesses inviting people to their premises should excise reasonable care. Obvious risks are ones obvious risks that do not need warning. The duties of professionals states that a person is expected to display knowledge, skill or expertise equivalent to standard of care expected.
Causation is twofold. Causation in fact is breach of duty causing injury and proximate cause is connection between act and injury justifying liability. Foresee-ability refers to the harm caused is not foreseen, no proximate cause. Tort law purposes to compensate individuals who suffer legally identifiable injuries. To recover damage, one must have suffered harm, loss or invasion. Damages are acts that can be compensated for recklessness
Under assumption of risk, a person entering a risk knowing the risk involved may never recover from the suspected tortfeasor.
Contributory negligence is when an individual cannot recover from injury he or she was negligent, while comparative negligence allows an individual to recover a percentage of injury or loss that he or she caused. Under special negligence rules, there is Good Samaritan Statutes, which prohibits suing person who assisted voluntarily. The drama shop liability is when an individual serving an already intoxicated person is liable for injuries the guest causes. Negligence Per Se occurs whenever tortfeasor violates statute, causing harm to another party.
Individuals who engage in potentially dangerous activities or ones that involve dangerous animals are liable for harm caused. Abnormally dangerous events involve extreme harm to property or persons; involve high level of risk, and activities not obviously performed in the society. Any individual keeping wild animals is liable for any harm caused by the animal.
