Overview
This lecture covers special negligence doctrines in tort law, explaining their application, examples, and significance in legal proceedings involving negligence.
Definition and Purpose of Special Negligence Doctrines
- Special negligence doctrines provide exceptions or modifications to general negligence rules.
- They are intended to aid plaintiffs in proving negligence when direct evidence is lacking.
Res Ipsa Loquitur
- Res ipsa loquitur allows negligence to be inferred when the event would not ordinarily occur without negligence.
- The doctrine shifts the burden of proof to the defendant to show they were not negligent.
- Commonly applies when the instrumentality causing injury was within the defendant's exclusive control.
- Plaintiffs do not need to specify the exact act of negligence under this doctrine.
Negligence Per Se
- Negligence per se occurs when a defendant violates a statute or regulation, and that violation causes harm.
- To apply, the statute must protect against the type of harm suffered and the plaintiff must be within the protected class.
- If proven, negligence per se may establish duty and breach without further evidence.
Good Samaritan Laws
- Good Samaritan laws protect individuals who assist others in emergencies from liability for ordinary negligence.
- These laws encourage bystanders to help without fear of legal consequences.
Dram Shop Acts
- Dram shop acts impose liability on alcohol vendors for harm caused by intoxicated patrons.
- Vendors may be liable if they serve alcohol to visibly intoxicated persons or minors, resulting in injury to third parties.
Application and Impact in Legal Cases
- These doctrines often determine the outcome of negligence cases when standard evidence is insufficient or unavailable.
- Courts use these doctrines to ensure fairness when proving negligence would otherwise be unduly burdensome for plaintiffs.