Negligence is still the highest-frequency torts structure. This guide keeps the analysis ordered so you do not jump from bad facts to liability without proving each element.
Negligence is still the highest-frequency torts structure. This guide keeps the analysis ordered so you do not jump from bad facts to liability without proving each element.
Very High priority
DUTY: General duty of reasonable care to foreseeable plaintiffs. Special relationships create affirmative duties (common carrier, innkeeper, employer). Landowners: Varies by entrant status (invitee, licensee, trespasser) - modern trend is reasonable care to all. BREACH: Failure to act as reasonably prudent person. Res ipsa loquitur: Accident doesn't normally occur without negligence, instrumentality in D's control, P didn't contribute. CAUSATION: Actual (but-for) + proximate (foreseeable). DAMAGES: Must have actual harm (not just risk). Eggshell plaintiff - take victim as you find them.
HYPO: Store employee mops floor but doesn't put up "Wet Floor" sign. Customer (P) slips, falls, and breaks hip. P sues Store. Store says another customer (X) spilled water and Store didn't know. Analyze negligence. ANALYSIS: DUTY: Store (landowner) owes invitees (customers) duty to keep premises reasonably safe and warn of known dangers. BREACH: If Store created hazard (employee mopped), failure to warn = breach. If X spilled and Store didn't know, need to show Store should have discovered (reasonable inspection). CAUSATION: But-for wet floor, P wouldn't have fallen. Foreseeable that wet floor causes falls. DAMAGES: Broken hip = physical harm. Could also use RES IPSA: People don't fall in stores normally; floor was Store's control. RESULT: P likely wins if Store mopped without warning OR failed reasonable inspection.
Section sources