REC 440 Lecture Notes - Lecture 2: The Lockers, Bungee Jumping, Gross Negligence
Document Summary
Negligence is under the heading of tort: types of torts: Unintentional tort- didn"t mean to hurt anyone. Act of omission- something someone should have done, but didn"t do. Ex: pool lockers not attached to the walls caused a child"s death because he was climbing on them: the lockers should have been attached to the walls but they weren"t. Act of commission- something that someone did do, but shouldn"t have. Ex: spivey not using the right poles for the slip-in-slide and injuring a participant: she knew that the poles were not the right ones but used them anyway, four elements of negligence: Duty is the relationship that exists between program/service provider (defendant) and participant (injured individual, plaintiff) where there is an agreement of protection for the individual from unreasonable risk or harm. This relationship between the defendant and plaintiff is society based. Duty has 3 primary origins: 1. Relationship inherent the relationship between the defendant and plaintiff is inherent and obvious.
