Strict Liability Action V. Negligence Action

Topics: Tort, Tort law, Negligence Pages: 2 (788 words) Published: October 5, 2010
When it comes down to the basics strict liability actions and negligence actions go hand and hand. When the elements and defenses come into play the actions may differ, however, where one might not apply the other might apply depending on the extent of care taken by the tortfeasor. Negligence is defined as the failure to exercise reasonable care to avoid injuring others or the property belonging to others. This would be if somebody does not exercise the amount of care that a reasonable careful person would use under the circumstances or somebody does something that a reasonably careful person would not do under the circumstances. Fault is essential in a negligence tort and is determined by basic elements. In negligence action there are four elements that play a large determining role. The four elements include duty of care, breach of duty by the tortfeasor, causation of injury to the victim and damages to the victim. The elements of negligence action work together in tort law to determine the level of negligence of the tortfeasor. The first element is the legal duty to conform to a certain standard of conduct in order to protect other from unreasonable risk of harm. The second element is the breach of duty by the tortfeasor failing to conform to a certain standard of conduct. The third element is the causation of injury and establishing a casual connection between the conduct and the injury, which comes in two components, actual cause or proximate cause. The final element of negligence action is damages to the victim being actual damages. This element is proving that a monetary figure can be attached to the negligence claim. The damages can come as compensatory damage, punitive damages, or damages attributable to actual loss of physical property. With all these elements in place fault is irrelevant. Strict liability holds the tortfeasor responsible for his or her behavior regardless of fault. If the tortfeasor is found to be absolutely liable,...
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