Negligence and Unintentional Torts

1. Negligence and Unintentional Torts Law in Action – Ch. 14

2. Tort = a civil wrong; damage to property or a personal injury caused by another person • Unintentional Torts = injuries that are the result of an accident or an action that was not intended to cause harm • Negligence = careless conduct that causes forseeable harm to another person • This is the most common unintentional tort • E.g: pushing a friend into a pool – they hit their head and have a concussion and cannot work for 2 weeks • Your actions were negligent – you should have forseen that your actions might cause an injury

3. In order for a defendant (person accused of causing a tort) to be found negligent, certain factors must be proven by the plaintiff (person suing for damages): • Stage 1: • Plaintiff must prove that the defendant owed the plaintiff a “duty of care” – an obligation to avoid careless actions that could cause harm • Neighbour principle – owing a duty of care not to harm his/her neighbour by being careless/negligent • Foreseeability – the ability of a reasonable person to anticipate the consequences of their actions

4. Stage 2: • If the court decides the defendant owed the plaintiff a duty of care, it must decide how much was owed • The court must also decide a “standard of care” – what is the degree of caution expected of a reasonable person? • Is there a specialized standard of care? • Those with special skills, training, expertise • E.g: engineers, lawyers – “professional liability” • Medical practitioners cannot work on patients without their consent – must be “informed” & no pressure • Must disclose procedures or “medical negligence”

5. **Children have a special status under the law – they can be held responsible for damages they cause…but the court recognizes they do not necessarily have the wisdom or experience to foresee how actions might cause injuries • They have a different “standard of care” than adults • Parents CAN be held liable for negligence if they do not supervise or train their kids • Parents often have liability insurance • ON and MB have laws that hold parents responsible for torts caused by their kids

6. Stage 3: • A plaintiff must prove that the defendants actions actually caused the injuries/loss suffered • Cause in fact– if an injury would not have happened “but for” the defendants actions • Connection between action & injury • Remoteness of damage – harm that could not have been foreseen by the defendant • No connection between action & injury • Intervening act – an event that interrupts the chain of events begun by the defendant – this changes liability • Thin skull rule – the defendant is liable for damages caused by negligence even if there was a pre-existing condition that made the plaintiff more prone to injury

7. Special Types of Liability: • Product liability- negligence on the part of manufacturers • Occupier’s liability – responsibility of owners/renters to ensure no one is injured on their property • must not be “allurements” on your property! • Hosts – people who serve alcohol have a duty of care to guests • Vicarious liability – employers responsib. for employees • Automobile negligence – torts caused by traffic accidents • Read p. 381-383 – “Defences to Negligence” on your own…