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The Elements of Negligence
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Business Law - The Elements of Negligence

Learn the essentials of business law with Alanis Business Academy's comprehensive course! Explore topics such as contracts, intellectual property, dispute resolution, and more, gaining insights into the legal framework that governs businesses.

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What you'll learn

Understanding the basics of business law and its importance
Learning the different structures and functions of the U.S. court system
Exploring alternative dispute resolution methods and their applications
Gaining insights into contract formation, classifications, and essential elements

This course includes

  • 2.5 hours of video
  • Certificate of completion
  • Access on mobile and TV

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Full Transcript

Hey everyone, thank you for joining me for this lecture on the elements of negligence. In this lecture, we're going to explore some of the fundamental components that make up a negligence claim, and we're actually going to examine a well-known court case, Lebeck versus McDonald's restaurants, to help illustrate each of these elements. Now, for those of you that might not be familiar with the case, I'm going to start with a little bit of an overview, although I'm sure as I mentioned, a couple of components to it, you're going to be pretty familiar with it because it was a very popular case back in the 1990s. All right, so for starters, let's talk about Lebeck versus McDonald's restaurants.

So this was a very widely publicized case that involved Stella Lebeck, who was a 79-year-old woman from Albuquerque, New Mexico. And in 1992, Mrs. Lebeck actually visited a McDonald's drive-through and ordered a cup of coffee. And while attempting to add some cream and sugar, she accidentally spilled the coffee on her lap, resulting in some severe burns and some pretty extensive injuries.

So that gives you everything that you need to know to be able to then understand some of the elements of negligence. So we're going to walk through the elements of negligence one by one, and then I'm going to provide a brief comparison, if you will, to the McDonald's case. So the first element of negligence is the duty of care. Now the duty of care means that the defendant owes a legal duty of care to another party or the plaintiff.

Now this duty arises when there is a foreseeable risk of harm that the defendant should reasonably anticipate. You could argue that McDonald's had a duty of care towards their customers to provide them with hot beverages that were reasonably safe for consumption. Now once a duty of care has been established, we move on to the second element, which is a breach of that duty. Now a defendant has said to have breached their duty of care by failing to act as a reasonable person would under similar circumstances.

Now this typically involves a failure to meet the standard of care expected in a given situation. So in the case of McDonald's, you could argue that they breached their duty of care by serving coffee at an excessively high temperature far above what would be considered the industry standard. The next element of negligence that we move on to is what's called causation. So this represents the third element of negligence.

Now causation is divided into two parts. So there is what we call actual causation. And then there's what we call proximate causation. So actual causation occurs when a plaintiff has to prove that the defendant's actions or emissions were the actual cause of the harm or the injury suffered.

So there's a direct causation there. Now proximate causation in comparison has to do with the harm suffered by the plaintiff, having to be reasonably foreseeable as a consequence of the defendant's breach of duty. Now in the Libet case, it was actually proven that the excessively hot coffee caused Mrs. Libet's injuries.

The actual cause was the contact of the scoleding coffee and it was a foreseeable consequence of McDonald serving the beverage at what was deemed to be an unsafe temperature. Now the fourth and final element of negligence is damages. In order for negligence to exist, the plaintiff must have suffered actual harm or damages as a result of the defendant's breach of duty. Now this harm can be physical, emotional, or financial in nature.

Mrs. Libet suffered severe burns and required extensive medical treatment. So the physical and financial damages that she endured were directly linked to McDonald's breach of duty. Now one thing that's important to note that the concept of both contributory and comparative negligence can have an effect on negligence claims.

In the Libet case, McDonald's argued that Mrs. Libet's own actions actually contributed to her injuries. However, comparative negligence principles were applied in this case, recognizing that McDonald's majority fall overshadowed any sort of contributory negligence on her part. Now as we conclude this video, I want to say that the elements of negligence, which include the duty of care, a breach of duty, causation, which can be defined as either actual or approximate, as well as damages were at play in the landmark case of Libet versus McDonald's restaurants.

Now this case not only illustrates the importance of these elements, but also highlights the significance of understanding how negligence law operates in real world scenarios. Thanks for taking the time to listen to this lecture on the elements of negligence. I hope you enjoyed it, and we'll see you next time.

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