Class 17 - Negligence-based Torts

General comment from midterm:

You can't collect money unless there's some legal basis to do so:
negligence
intentional, without lawful justification

But simple accidents don't necessarily qualify. Example: Woman who tripped over a parking barrier at the American Legion.

Negligence-based / Unintentional Torts

There are conditions, just like in Intentional Torts. 4 elements (possibly a fifth):
1. Duty of ordinary care is owed by the wrongdoer. It all depends on the situation. Ex: driving. You owe a duty of care to others of an ordinary, reasonable, prudent driver. Howver, the duty of care is owed only if engaged in an activity. No duty is owed to engage in an activity. Unless a parental, public or contractual obligation - those people have a duty to engage in action. Failure to do so may be considered negligence. Only owed to parties who could forseeably be injured by your actions, not to their second cousins.

See Bethlehem Steel v. Ernst & Whinney. E&W had a client EL Jackson who wanted to purchase steel on credit. E&W exaggerated the worth of EL Jackson. When EL Jackson defaulted on the payments to Bethlehem, Bethlehem came after E&W. Court ruled that E&W owed a duty of care also to Bethlehem because it was foreseeable that they would be injured by their actions.

Similar thing happened with Enron and Anderson.


2. The injury was a result of an action or omission that was a breach of the duty of care. Some careless behavior. Establish negligence by showing a duty of care and also an act or omission that was a breach of that duty of care. The act/omission can sometimes be difficult to identify and pinpoint. Ex: medical malpractice.

See res ipsa loquitur ("the thing speaks for itself") on page 130 - obvious case of something having gone wrong due to negligence. If the instrumentality is under wrongdoers control exclusively and this type of injury does not occur unless there is some negligence, then the wrongdoer must disprove that they were not negligent. A shift in the burden of proof to the accused.

Ex: case of airplane that crashed due to engine falling off.

If no duty of care or no breach, there's no case.

Causation

Two areas to look at.

3. The "but for" test. Ex: fire in a hotel room with no fire escapes. Ex: broken down car, not all the way on the shoulder, hit by a speeding truck. Would have still been injured, even if they were not speeding or negligent. Therefore, there is no basis for the tort.

4. Harm must be foreseeable. The chain of causation. Proximate cause.
Ex: car crash - window washer falls. not forseeable. Ex: Chicago fire. Oleary can't be held responsible for the whole fire.
You can only extend the chain so far. Foreseeable by a reasonable person.

Also,
5. Must be the victim of real harm. Bumping into someone's car without damage/injury doesn't qualify.

See Palsgraf v. Long Island Railroad
Cardozo ruled that the railroad employee's negligence was not the proximate cause of the injury to the woman.