Reference no: EM133812463

Question

Condense this paragraph: In negligence liability, a breach occurs when the defendant's actions deviate from the expected standard of care, causing harm to the plaintiff. A defendant can be automatically negligent (negligence per se) if they violate a safety statute designed to protect the plaintiff from that specific harm. However, exceptions apply, such as necessity, emergencies, or incapacitation. Professionals must meet the standard of care typical of their community and use specialized skills if possessed. In medical malpractice, a plaintiff must often show deviation from accepted customs in the specialty. An affirmative duty to act generally arises only if the defendant created the danger, attempted a rescue, or had a special relationship with the plaintiff, like that of a parent or employer. A breach of duty involves the defendant acting in a way that poses a greater risk to others than the burden and utility of their actions justify. The doctrine of res ipsa loquitur allows for an inference of negligence when the accident typically wouldn't occur without it, the defendant had control over the cause of harm, and the plaintiff was not negligent.