To prove a cause of action in negligence, A will have to prove that B owed him a duty to the applicable standard of care and that a breach of that duty was the actual and legal cause of his damages.
Duty: Affirmative Act
Any time you do any kind of affirmative act, you automatically owe a duty of reasonable care to foreseeable plaintiffs
Duty: Palsgraf test
- Two views on who is owed a duty of care
- Majority view (Cardozo): holds that a duty is owed only to foreseeable plaintiffs located in a foreseeable zone of danger.
- Minority view
- (Andrews): holds that if a duty is owed to anyone, the duty is owed to all.
Duty: Reasonable Care (Land Occupiers ONLY)
- 1. Repair dangerous conditions (make safe)
- 2. Warn
- 3. Inspect to discover unknown dangers
Duty:Artificial Conditions Highly Dangerous to Children
a. LO knows or has reason to know that kids are likely to trespass
- b.LO knows or has reason to know there is a condition on the land that is highly dangerous to kids
- c.Kids, due to age,
- don’t recognize risk and/or don’t appreciate it
- d. Risk to kids ismuch greater than the utility and burden to LO to correct/get rid of the risk
- (If ALL are satisfied, LO owes reasonable care
- (proves duty)
- For breach, must show possessor failed to
- exercise reasonable care to eliminate danger to protect children)