Tort and Negligence

Negligence:

Act is unintentional
Act is unplanned
Act results in an injury
Intentional tort: a person deliberately causes harm/loss to another person (trespassing, causing a nuisance, defaming property). It must include –
Intent
Foreseeability (realization that an accident could occur)

Elements of Negligence

Duty of care: a legal obligation to not harm other people or their property
Ex. A home owner has a duty of care to keep sidewalks free of snow
For there to be an intentional tort, there has to be a breach in the duty of care – if they have failed to meet the expected standard of care of a reasonable person

Reasonable person

A person that is free of disabilities, careful, thoughtful and considerate
A person that falls below the standard of care is liable (responsible) for the results of the negligent act
6 yrs and under don’t meet the standards of a reasonable person
Causation: must be determined by the plaintiff that the defendant ‘s negligent conduct caused the harm
The plaintiff must also prove that real harm occurred because of the defendant’s negligence

Defences for negligence

Contributory negligence: a principle that places as element of negligence between both plaintiff and defendant
Was one party more guilty than the other, or were both equally guilty?
Voluntary assumption of risk: defendant must prove that the plaintiff knew the risk and made a choice to assume that risk
Ex. Going to a baseball game and getting hit in the face with a ball (can’t sue – the plaintiff knew that would be a possibility)
- Inevitable accident: a result of a fluke accident, unforeseen by all
- Occupier’s liability: property owners’ responsibility
- Owes a duty of care to make property safe for visitors, employees, etc.
- Invitee: being on the property for a reason either than a social visit (students, business patrons, delivery people)
- licensees : enters property with permission of the occupier (dinner guest)
- Trespassers: owners have to exact a reasonable standard of care when dealing with trespassers

Occupier’s Liability Act

Laws that determine whether a person is an invitee (business/school purpose) or a licensee (dinner guest)
Commercial and social host invitees:
Restaurant, bar, home owners all have responsibility towards those who are on their premises and then leave, get hurt and/or die, or cause the death of another
Ex. Intoxicated patrons: refusing to sell drinks, calling a cab, calling the police

Motor Vehicle Negligence

Professional Negligence

Doctors, engineers, architects, accountants, lawyers – have to exercise a reasonable standard of care
The more specialized the person, the higher the standard of care is