Torts I

Proof of Negligence

There has to be evidence that the defendant knew of the potential hazard for him to be liable.

When the "operating methods" present a continuous or easily foreseeable danger, notice is not needed for an individual event thereof.

To prove negligence of someone's mode of operation being hazardous, one must prove:

  1. The business had actual or constructive knowledge of a condition on the premises
  2. The condition posed an unreasonable risk of harm
  3. The business did not exercise reasonable care to reduce or to eliminate the risk
  4. The business's failure to use such care proximately caused the plaintiff's injuries