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nuyorican

Negligence ...the last of these threads from me

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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

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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.

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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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