nuyorican Posted December 16, 2005 Share Posted December 16, 2005 negligence lawsuits only have three defenses. defenses to negligence 1. assumption of the risk 2. contributory negligence 3. comparative negligence or comparative fault In negligence lawsuits, you have to do it in this order: 1.duty 2.breach 3.causation 4.damages Duty- everyone(everyone) has at least a duty to act reasonably Questions to ask: is there a duty? what is the duty? to whom is there a duty? what would the reasonable person act in the same circumstance? if theres a statute you violate, it helps to find someone negligence.it doesnt automatically mean your negligent, but it helps allot. Breach- there are some negligence formulas to see if someone breached their duties. cost benefit formula-balance risk involved in what your doing with whats reasonable in light of benefit to society.whats the good coming out of your conduct? whats the bad? if the bad outweighs the good, its a step closer to negligence(remember you need damages). carrol towing or plb formula- if p times l is greater than b, then your negligent(almost). p is probability(likelihood of harm) l is how bad the harm would be, and b is the burden of preventing that harm. risk utility formula- same thing, diff. language. Measures risk (probability or harm plus severty of harm) involved with your activity versus the usefulness of your activity. In all these formuals you only have to guard agaisnt risks that are forseeable. no one will be responsible for unforseeable risks. Causation- But-for cause Proximate cause in products liability a manufacturer is strictly liable for injuries proximately caused from a defect. ill continue in a second Quote Link to comment Share on other sites More sharing options...
Abracadabra Posted December 16, 2005 Share Posted December 16, 2005 while you're at it, do you want to argue the case "why i should give 100th of a shit" Quote Link to comment Share on other sites More sharing options...
dumy Posted December 16, 2005 Share Posted December 16, 2005 in before its locked up like akon Quote Link to comment Share on other sites More sharing options...
CACashRefund Posted December 16, 2005 Share Posted December 16, 2005 this new guy really fucking sucks, i have this nigga on ignored. i dont know what the fuck he said but im sure its another pointless fucking thread. Quote Link to comment Share on other sites More sharing options...
dumy Posted December 16, 2005 Share Posted December 16, 2005 nuyorican rocks!. Quote Link to comment Share on other sites More sharing options...
DREDZ Posted December 16, 2005 Share Posted December 16, 2005 "...pitbulls like to wear jordans..." Quote Link to comment Share on other sites More sharing options...
nuyorican Posted December 16, 2005 Author Share Posted December 16, 2005 Cacashrefund doesnt like nuyorican people. Quote Link to comment Share on other sites More sharing options...
nuyorican Posted December 16, 2005 Author Share Posted December 16, 2005 in medical malpractice you need two things: 1. expert testimony that there was malpractice. 2.treaties says how to do what the doctor fucked up on. (ex: sterilizre the scalpel) there are 3 standards that courts use in medical communities: 1. local 2. similar 3.national- today its mostly national Quote Link to comment Share on other sites More sharing options...
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