What is negligence?
Short Summary:
This video explains negligence, an unintentional tort. It uses the example of a bicycle accident (Dudley hitting Perry while cycling too fast through a crosswalk) to illustrate the four elements a plaintiff must prove to win a negligence claim: duty, breach, causation, and damages. The video details how each element is determined, using the "reasonable person" standard for breach and discussing actual and proximate cause. The implication is that understanding these elements is crucial for determining liability in such cases. The process of analyzing negligence involves comparing the defendant's actions to those of a reasonable person under similar circumstances.
Detailed Summary:
The video begins by introducing negligence as a legal term for carelessness that causes harm, contrasting everyday language ("careless") with legal terminology ("negligent"). It establishes the core concept of negligence as an unintentional tort.
The video then introduces the four elements required to prove negligence: duty, breach, causation, and damages. This is presented as a formula: "duty, breach, causation, and damages."
Duty: The video explains that a duty of reasonable care exists if the injury was foreseeable. In the bicycle accident example, it's foreseeable that speeding through a crosswalk could injure a pedestrian, thus establishing Dudley's duty to Perry.
Breach: The video explains that a breach occurs when the defendant's actions fall below the standard of care a reasonable person would exercise. A chart is referenced (though not shown in the transcript) to visually represent this comparison. Dudley's speeding is presented as a breach because a reasonable person would slow down or stop at a crosswalk.
Causation: This section distinguishes between actual cause (did the defendant's actions cause the injury?) and proximate cause (were the actions close enough in time and space to the injury?). The video concludes that Dudley's actions were both the actual and proximate cause of Perry's injuries.
Damages: The video briefly notes that Perry's injuries are undisputed, fulfilling the final element of negligence.
The video concludes by predicting Perry would win the lawsuit because all four elements of negligence are satisfied. The overall message is that a successful negligence claim requires demonstrating all four elements using a comparison to a reasonable person's actions.