The Restatement (Third) and the Place of Duty in Negligence Law

Goldberg, John C.P. & Zipursky, Benjamin C.

Journal: Vanderbilt Law Review

Volume: 54

First Page: 657

Year: 2001

Bluebook Citation: 54 VAND. L. REV. 657 (2001)

Author: John C. P. Goldberg: all 37 publications


Citation analytics

How this journal article sits in the citation network, derived from CiteLaw's graph of published opinions.

Cited
3
Citing decisions
2
Courts citing

Citations by decade

2
1
2000s2020s

Courts citing this journal article

Ill.2
Ind.1
Most recently cited by3

Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.


Abstract

A prima facie case of negligence has four elements: duty, breach, causation, and injury. In plain English, a person suing for negligence alleges that the defendant owed her a duty of reasonable care and injured her by breaching that duty. Every state adheres to the four-element account,' with perhaps two exceptions. That ac- count was prominent in the various editions of Prosser's treatise, and is likewise prominent in Professor Dobbs' successor treatise. Leading casebooks also feature the four-element formula. Given the widespread adoption of the four-element test, one would have expected to encounter it somewhere in the two drafts of the Restatement (Third) of Torts: General Principles now circulating before the ALI. Yet, it is not there. The basic negligence provision drafted by Professor Schwartz is Section 3. It offers a three-element account of the tort: Negligence Liability: "An actor is subject to liability for negligent conduct that is a legal cause of physical harm."

Chat with this journal article using AI

Ask CiteLaw's AI Navigator anything about this journal article, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.