Negligence and Related Claims

In order to establish a valid tort claim there needs to be the establishment of the elements of Negligence by the plaintiff. However, there are certain situations that provide an exception to the rule for policy reasons of justifiability. Res Ipsa Loquitor allows a negligence action to be valid by drawing an inference of the defendants Negligence. In order to show a valid claim, the plaintiff must establish that it was probable that the result of someone's negligence (the defendant) and allows inferences to be drawn. The burden is then shifted to the defendant to establish they were not negligent.

A second type of claim, Negligence per se, a negligent action by displaying the violation of a statute [Evidence Code§669]. The doctrine gives presumption to the duty and breach elements needed for a viable claim. The plaintiff must establish (1) the defendant violated the statute, (2) the violation caused injury, (3) the injury was one in which the statute was designed to prevent and (4) the victim was among the class of persons for whose protection the statute was adopted.

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