Recap

Negligence as a Tort

Duty Breach Causation Harm

Negligence as a Concept

Today

Reasonable care Reasonable person

Reconciling…

Adams v. Bullock

Braun v. Buffalo Gen. El. Co.

In-Class Exercise

Using the reasoning behind the holding in Adams, create arguments to arrive at the opposite holdings from what the court decided in Adams and Braun.

Reasoning behind the holding in Adams

• The typical behavior of potential plaintiffs
• Location
• History of prior accidents
• Custom

United States v. Carroll Towing Co.

A workable formula for reasonable care?

B < PL = Negligent

B > PL = Not Negligent

The Reasonable Person Standard

An objective standard that is sometimes qualified