BLAW 2301 Lecture Notes - Lecture 9: Res Ipsa Loquitur, Special Duty, Strict Liability
Document Summary
To win a negligence case, prove 5 elements: o. Duty of due care o o o o. Defendant had a legal responsibility to the plaintif. Defendant breach their duty of care or failed to meet their legal obligations. It was foreseeable that conduct like the defendant"s might cause this type of harm. The plaintif has actually been hurt or sufered a loss. Each person has a duty to behave as a reasonable person would under the circumstances. Landowner is liable to a trespasser only for intentionally injuring him or for some other gross misconduct. If there is anything on the land that may be reasonable to attract a child, the landowner is liable for any harm. Licensee is anyone on the land for her own purposes but with the owner"s permission. Licensee is entitled to a warning of hidden dangers that the owner knows about.
