BLAW 2301 Lecture Notes - Lecture 15: Res Ipsa Loquitur, Special Duty, Strict Liability
Document Summary
Duty of due care: did the defendant have a duty of care to the injured person, generally, the standard is foreseeability , hernandez v. arizona board of regents (1994, otis engineering corp. v. clark (1983) Special duty: professionals: while on the job, a person at work must act as a reasonable person in that profession**, held to a professional standard. Special duty: hiring and retention: hiring and retention of violent or dangerous employees can lead to liability for employers. If the defendant"s breach led to the ultimate harm, it is the factual cause. Exm. cut down a tree, live in cul da sac: proximate cause. For the defendant to be liable, the type of harm must have been reasonably foreseeable. Brown v. philadelphia college of osteopathic medicine (2000) Mr. brown cheated on wife, baby has an std. Hospital messed up: res ipsa loquitur ( the thing speaks for itself ) The facts imply that the defendant"s negligence caused the accident.
