The+Simpsons+Season+2+Episode+11-Negligence

The clip is taken from the eleventh episode of the Simpsons’ second season. It is called “**One Fish, Two Fish, Blowfish, Blue Fish**.” (**// start //**//the clip with a scene where the Simpsons family arrives at a sushi restaurant for dinner. Lisa had suggested that they go to a sushi restaurant instead of having another night of pork chops at home. Even though Homer was reluctant at first, he finally agrees. At the restaurant, Homer discovers that he loves sushi and starts ordering everything form a menu, including a fugu fish which can be poisenous if not prepared properly. The waiter tries to warn Homer about dangers associated with this fish, but Homer interrupts him. Because the master chef was romantically "involved" with a lady in the parking lot, his inexperienced apprentice had to prepare the potentially poisonous dish. The apprentice tries to do it carefully, but Homer becomes very impatient, and the apprentice is forced to serve the fish. Homer considers it a treat, but it is poorly prepared, and Homer is told that he may have been poisoned. Homer and Marge go to the hospital, where the doctor informs Homer he is indeed going to die and has 24 hours left to live. The doctor corrects himself by saying that Homer actually had only 22 hours because Homer spent too long waiting for the doctor. Homer is told that he is expected to go through five stages of grief, all of which he experiences as the doctor lists them for him. ** Stop the video clip ** when Homer gets the brochure, "So, you're going to die" from his doctor.) // Handout #1:
 * Name:___________________________________ **

** NEGLIGENCE ** **__ Elements of Negligence __**__ : __ ** Duty: ** the defendant owed a duty of care to plaintiff, or injured person. The duty of care owed is determined by a reasonable person standard. The reasonable person does not represent the typical, average individual, but it is rather an idealized version of a person who acts in a way that a community expects its members to act. A reasonable person would consider: (1) the burden of taking precautions; (2) the likelihood of harm; and (3) the seriousness of the harm that might be caused. ** Breach: ** the defendant’s conduct breached or violated that duty. ** Causation: ** the defendant’s conduct caused the plaintiff’s harm. ** Damages: ** the plaintiff suffered actual injuries or losses. The goal is to restore the plaintiff to his or her pre-injury position, to the extent that this can be achieved with money. **__ Defenses to a Negligence Action: __** ** Contributory negligence: ** a plaintiff cannot recover damages from the defendant if his/ her own negligence contributed in any way to the harm suffered. ** Assumption of risk: ** if a person voluntarily encounters a known danger and decides to accept the risk of that danger, he or she may be prevented from recovering for related negligent acts by a defendant. ** THE SIMPSONS CASE ** Plaintiff _________________________ Defendant(s): ____________________
 * 1) ** Cause in fact: ** if the harm would not have occurred without the wrongful act, the act is the cause in fact.
 * 2) ** Proximate cause: ** the harm caused must have been a foreseeable result of the act or acts.


 * 1. || What duty did the defendant(s) owe to the plaintiff? ||  ||
 * 2. || Was there a breach of duty? ||  ||
 * 3. || Did the defendant’s cause the harm suffered by the plaintiff? ||  ||
 * 4. || What kind of damages did the plaintiff suffer? ||  ||
 * 5. || What, if anything, did the plaintiff do wrong? ||  ||