Test 101 Test 101
Popular in Class Notes
Popular in Test Webinar Session
This 3 page Class Notes was uploaded by Ciara Rivera on Tuesday October 11, 2016. The Class Notes belongs to Test 101 at University of Wisconsin - Eau Claire taught by Ciara in Fall 2016. Since its upload, it has received 3 views. For similar materials see Class Notes in Test Webinar Session at University of Wisconsin - Eau Claire.
Reviews for Test 101
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 10/11/16
BSAD 305 Steiner Chapter 7A – Negligence, Strict Liability, and Product Liability I. Negligence A. Carelessness B. Elements of Negligence – See Kubichek v. Kotecki 1. Duty of care 2. Breach of duty 3. Damage to another person 4. Causation – Proximate Cause C. The Duty of Care Reasonable person Landowners – trespassers, licensees, invitees Open and obvious dangers Malpractice – professionals No duty to rescue – exceptions D. Breach of the Duty – speeding? That’s a breach of duty, got into a car accident, was the car accident do to your breach of duty for speeding? E. Causation – Proximate Cause “But for” test Foreseeability Palsgraf case F. Public Policy Limitations on Liability II. Defenses to Negligence Claims A. Assumption of Risk Case example – P hit by soccer ball In Wisconsin, A/R is part of comparative negligence B. Superceding Cause Event 1 – 2 – 3 – 4 – 5 etc. Bike accident case Holstein bull case C. Contributory Negligence- out the window 7A-1 D. Comparative Negligence Example – assume P has damages of $100,000 P D 10% 90% P recovers $90,000 49% 51% P recovers $51,000 51% 49% P recovers $zero III. Special Negligence Statutes or Doctrines A. Res Ipsa Loquitur (the thing speaks for itself) Latin, plaintiff cannot prove how it happened B. Negligence Per Se C. Danger Invites Rescue D. Statutes 1. Immunity Statutes – safety inspections, Good Samaritan, hazardous material cleanup, equine activities, ski patrol, foster parents, reporting insurance fraud, employment references, weight gain due to food consumption, donation of food, equipment donation, recreational use of land, participation in recreational activities, sport shooting ranges, intoxication testing, notification of release, others. 2. Dram Shop (measure of liquid) Laws – Compare Sec. 125.035, Wis. Stats. IV. Strict Liability A. Liability without Fault Abnormally dangerous activities Wild animals B. Products Liability Section 402A, Restatement of Torts Elements 1. Merchant seller 2. Product in defective condition 3. Unreasonably dangerous 4. Damage to person or property 5. Proximate cause 6. No substantial change from time of sale to time of damage Manufacturing defects Design defects Failure to warn Case example – page 472 – Trampoline accident Obvious risks – chain saws Market share liability Bystanders 7A-2 Defenses – assumption of risk, product misuse, comparative negligence, commonly known dangers (sharp knives, hard hammers), knowledgeable users, statutes of repose 7A-3
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'