Negligence Flowchart

Negligence

Elements of Negligence

Duty of care

Breach of duty

Damage

Special relationship

Proximity

Power imbalance eg teacher student, parent child, Employee customer, etc

The risk was forseeable

The reasonable person would have acted differently in the situation

The risk was not insignificant

Can be physical injury, property damage, psycological harm or a loss of income

Defences to negligence

Contributory negligence

Voluntary assumption of risk (Volenti Non FIt injuria)

The plaintiff contributed to the negligence of the defendent

The plaintiff understood the risk of the activity but chose to partake anyway

Remedies

Injunction

Compensation

A court order which compels a party to do or refrain from certain acts

General damages - "pain and suffering" awarded for loss of amenities and suffering.

Special damages - A set dollar amount which refunds the plaintiff of medical bills.

Future Loss of income - The money the plaintiff could have had from working their job that they cannot do