Introduction Negligence Concepts
The course
"Introduction to Negligence Concepts" contains content designed to
introduce the student to fundamental negligence principles. The course explores
the fundamentals of negligence largely to develop and enhance the student's
ability to evaluate liability when confronted by a negligence claim.
"Introduction
to Negligence Principles" begins with an examination of negligence in
terms of negligent acts or omissions, and how it differs from actionable
negligence. This is achieved by presenting substantive information discussing
negligent acts or omissions, as well as various examples to reinforce this
information. The first part of the
course then moves on to a discussion of actionable negligence and its four
elements of proof - - duty, breach of duty, damages, and causation
The module proceeds
to introduce the student to detailed discussion of the first two elements - -
duty and breach of duty. This consists of presenting definitions of duty, and discussing
the standard for which breach of duty is determined. Knowledge of the definitions and the standard is then reinforced
with practical examples of the existence of a duty and how a duty is breached.
Many of the examples are based on actual cases, which are discussed and cited
throughout the presentation.
The module then
works through the remaining elements - - damages and causation. Like the
preceding parts of the module, examination of these two elements consists of a
presentation of substantive information followed by practical examples to
reinforce the student's knowledge of the information. The program then shifts
to a presentation of defenses to negligence, how fault is allocated among
parties through joint and several liability, and various types of negligence
such as ordinary, gross, and willful and wanton.
After completion of
the course, the student will understand the elements of proof of negligence, as
well as its defenses, so that they may better evaluate liability for a given
claim. The student will also be able to understand the terminology that may be
used by plaintiff's counsel in pleading a negligence case.