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Negligence ...the last of these threads from me

Discussion in 'Channel Zero' started by nuyorican, Dec 15, 2005.

  1. nuyorican

    nuyorican Junior Member

    Joined: Dec 4, 2005 Messages: 163 Likes Received: 0
    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
     
  2. Abracadabra

    Abracadabra Dirty Dozen Crew

    Joined: Dec 28, 2001 Messages: 22,906 Likes Received: 113
    while you're at it, do you want to argue the case "why i should give 100th of a shit"
     
  3. dumy

    dumy Veteran Member

    Joined: Oct 8, 2004 Messages: 5,056 Likes Received: 0
    in before its locked up like akon
     
  4. CACashRefund

    CACashRefund 12oz Loyalist

    Joined: Oct 8, 2004 Messages: 14,171 Likes Received: 272
    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.
     
  5. dumy

    dumy Veteran Member

    Joined: Oct 8, 2004 Messages: 5,056 Likes Received: 0
    nuyorican rocks!.
     
  6. DREDZ

    DREDZ Senior Member

    Joined: Dec 14, 2002 Messages: 1,934 Likes Received: 0
    [​IMG]

    "...pitbulls like to wear jordans..."
     
  7. nuyorican

    nuyorican Junior Member

    Joined: Dec 4, 2005 Messages: 163 Likes Received: 0
    [​IMG]

    Cacashrefund doesnt like nuyorican people.
     
  8. nuyorican

    nuyorican Junior Member

    Joined: Dec 4, 2005 Messages: 163 Likes Received: 0
    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
     
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