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Test 101

by: Ciara Rivera
Ciara Rivera

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Class Notes
Class Notes
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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.


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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


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