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The course “Introduction to Negligence Concepts” contains content designed to introduce the student to fundamental negligence principles. The course explores the fundamentals of negligence largely to develop and enhance the student’s ability to evaluate liability when confronted by a negligence claim.

“Introduction to Negligence Principles” begins with an examination of negligence in terms of negligent acts or omissions, and how it differs from actionable negligence. This is achieved by presenting substantive information discussing negligent acts or omissions, as well as various examples to reinforce this information. The first part of the course then moves on to a discussion of actionable negligence and its four elements of proof – – duty, breach of duty, damages, and causation

The module proceeds to introduce the student to detailed discussion of the first two elements – – duty and breach of duty. This consists of presenting definitions of duty, and discussing the standard for which breach of duty is determined. Knowledge of the definitions and the standard is then reinforced with practical examples of the existence of a duty and how a duty is breached. Many of the examples are based on actual cases, which are discussed and cited throughout the presentation.

The module then works through the remaining elements – – damages and causation. Like the preceding parts of the module, examination of these two elements consists of a presentation of substantive information followed by practical examples to reinforce the student’s knowledge of the information. The program then shifts to a presentation of defenses to negligence, how fault is allocated among parties through joint and several liability, and various types of negligence such as ordinary, gross, and willful and wanton.

After completion of the course, the student will understand the elements of proof of negligence, as well as its defenses, so that they may better evaluate liability for a given claim. The student will also be able to understand the terminology that may be used by plaintiff’s counsel in pleading a negligence case.

What CE Credit is available?

Note: To qualify for credit, you must submit completion (including a passed final exam if required) within five days of completing the last quiz. No partial credits will be awarded.

State:
Adjuster General CE Hours:
Adjuster Ethics CE Hours:
Attorney General CLE Hours:
State's Course ID:
NH 2.0 482647
TX (classroom equivalent) 1.0 101003
NC 2.0 C76120
FL * ( Provider Number: 364169 ) 2.0 1184004
IL 2.0 485534
OK 2.0 1023740
WY 2.0 26001

* This course has been approved by the Florida Department of Financial Services for insurance continuing education credit.

Course Content

Lesson Content

1) negligence described
2 ) actionable negligence
a) as distinguished from
negligence
b) elements
i) duty owed
ii) breach of duty
iii) actual damages
iv) causation
3) the duty owed
a) legal definition of duty
b) standard of care
i) reasonable care under the circumstances
ii) reasonable person
4) breach of duty
a) failure to exercise
reasonable care
b) failure to act as the
reasonable person would
c) duty applicable to
businesses and its breach
i) operations liability exposures
ii) products liability exposures
5) summary

Lesson Content

1) negligence per se
a) description
b) elements
2) Res Ipsa Locquitor
a) definition
b) negligent act or omission
inferred
c) elements
d) application
3) summary

Lesson Content

1) Damages
a) actual damages
defined
b) property damage
cases
i) property repairable
ii) property not repairable
c) bodily injury cases
i) special damages
ii) general damages
d) emotional distress
i) insurance policy coverage
ii) majority view
iii) minority view
e) mitigation of damages

2) causation
a) cause in fact
b) proximate cause
3) summary

Lesson Content

1) assumption of risk
a) definition
b) elements
2) contributory negligence
a) definition
b) application
c) last clear chance
doctrine
i) application
ii) elements
3) comparative negligence
a) description
b) modified comparative
negligence
i) 50 percent bar to recovery
ii) 51 percent bar to recovery
c) pure comparative
negligence
4) summary

Lesson Content

1) description
2) consequences to a conclusion of joint and several liability
a) plaintiff may sue any one
or a combination of defendants
b) plaintiff may recover all
damages from any jointly and severally liable defendant
3) types of joint and several liability
a) pure
b) modified
i) threshold jurisdictions
ii) damages jurisdictions
4) reallocation of damages based on liability
5) joint liability
a) defined
b) each of the defendant’s
concurrent acts cause plaintiff’s damages
c) concurrent acts do not
have to be simultaneous
6) several liability
a) defined
b) defendant is liable only for
their proportionate share of damages
c) liability based on
comparative negligence
7) contribution
8) summary

Lesson Content

1) ordinary negligence
2) gross negligence
3) willful or wanton negligence
a) definition
b) wanton conduct
c) willful conduct
4) recklessness
5) summary

Submit within 5 days to get CE Credit or Certificate of Completion.