Torts: Negligence

What are the four essential elements a plaintiff must prove to establish a prima facie case of negligence?

To establish a prima facie case of negligence, a plaintiff must prove duty, breach, causation (actual and proximate), and damages.

Under the Cardozo majority view in Palsgraf v. Long Island Railroad, to whom does a defendant owe a duty of care?

Under the Cardozo view in Palsgraf, a defendant owes a duty of care only to foreseeable plaintiffs who are within the 'zone of danger.'

How does the Andrews dissenting view in Palsgraf v. Long Island Railroad define the scope of a defendant's duty?

The Andrews dissent in Palsgraf argues that if a defendant owes a duty to anyone, they owe a duty to everyone who is proximately injured by their negligence, regardless of foreseeability.

What is the default standard of care applied to most defendants in a negligence action?

The default standard of care is that of a reasonably prudent person acting under similar circumstances.

How does the standard of care for professionals differ from the ordinary reasonable person standard?

Professionals are held to the standard of care of an average member of that same profession practicing in a similar community, requiring them to possess and exercise the knowledge and skill of a member of the profession in good standing.

What is the standard of care applied to children in a negligence case?

Children are generally held to the standard of a child of like age, education, intelligence, and experience, unless they are engaged in an adult activity (e.g., driving a car).

What is the Learned Hand formula used to determine if a defendant breached their duty of care?

The Learned Hand formula states that a breach occurs if the burden of taking precautions (B) is less than the probability of harm (P) multiplied by the gravity of the resulting injury (L), expressed as B < PL.

What does the doctrine of res ipsa loquitur allow a plaintiff to establish, and what are its requirements?

Res ipsa loquitur allows an inference of negligence if the accident is of a type that normally does not occur without negligence, and the instrumentality causing the injury was under the defendant's exclusive control.

What is the 'but-for' test used to establish actual causation in a negligence claim?

The 'but-for' test establishes actual cause by asking whether the plaintiff's injury would have occurred 'but for' the defendant's negligent act.

When is the 'substantial factor' test used instead of the 'but-for' test for actual causation?

The 'substantial factor' test is used when multiple independent forces combine to cause an injury, and any one of them alone would have been sufficient to cause the harm.