BL 260 Chapter Notes - Chapter 6a: Green Bean, Affirmative Defense, Comparative Negligence
Document Summary
D is careless: fails to take reasonable precautions to protect p from harm. Must satisfy all elements reasonable person standard (the way court judges whether or not careless) Someone who is careful, even tempered, and honest: duty of care. D owed duty to protect p from foreseeable risks: risk reasonable person should anticipate and guard against. Using reasonable person standard duty of care: business owners. Exception: no need to warn of obvious risk (a heavy door at the entrance) Reasonable person standard determines foreseeable risks, hidden dangers, obvious risks, etc: breach. D breaches duty of care by failing to take reasonable precautions to protect p. While walking to the bananas, she passes the green bean display. Some green beans have fallen, and she slips on them injuring herself: exercise reasonable care to protect, warn of foreseeable risks (construction zone, wet floor, remove hazards and hidden dangers (trip hazards uneven pavement, etc. )
