Answer the following short questions using the risk/utility factors:

a. the likelihood and gravity of harm risked by the conduct; b. the burden of preventing or reducing the risk of harm; and c. the social utility, if any, of the challenged conduct. Example of structure of legal analysis: Plaintiff (name) would claim the Defendant (name) was negligent when he/she (describe conduct claimed to be negligent). Such conduct created a risk that (describe the likelihood and gravity of harm resulting from the conduct); the Defendant (name) would argue that the risk was not unreasonable because (explain); the burden on the Defendant (name) to eliminate or reduce the risk was to (explain what party would need to do to reduce or eliminate the risk). Further, (if applicable) there was/was not any social utility to the challenged conduct because (explain benefit, if any, of challenged conduct). I would conclude that Defendant's conduct was/was not negligent because (explain main point supporting your conclusion).

Sample analysis using risk/utility factors in determining issue of breach in negligence:

Question: Defendant Debbie fails to install smoke detectors in her house. Fire breaks out and a visitor suffers lung damage. (There are no statutes to consider.) Is Debbie negligent?

Failing to have smoke detectors in a home creates a foreseeable risk that a fire may break out without warning the occupants. Serious harm, property damage, or even death is foreseeable from a fire, especially if occupants do not have warning. Debbie seems to have created a high risk of serious harm by not installing smoke detectors. The burden of installing smoke detectors is negligible compared to the harm caused by a fire. Further, there is no social utility in failing to install smoke detectors. Debbie appears to be negligent given the high risk of fire and the minimal burden of installing the smoke detectors.

See the questions on the next page. 1. BART decides not to install seat belts in its trains. Accident occurs and passenger is thrown across the train and is severely injured. Is BART negligent?

2. Homeowner forgets to sweep up slippery debris on the front stairs to the house. Mail carrier slips while climbing stairs to deliver mail. Is Homeowner negligent?

3. Bayer sells aspirin in bottles without child-proof caps. Infant swallows twenty pills and is seriously injured. Negligent?

4. University is a small campus with about 500 students. It does not have security guards on duty during evening hours to patrol its parking lot. A student's car was broken into and the car stereo was stolen ($1,500 loss). There had been four car thefts or burglaries in the parking lot over the past six months. It would cost at least $175,000 annually to hire patrols to police the area at nights. The University recently spent $30,000 to install more lighting and several video cameras. Did University breach its duty to exercise reasonable care by failing to hire the security patrols?

5. Danny leaves a loaded handgun on the coffee table in his house as he goes to work in the backyard. His six-year-old son finds the gun and accidentally shoots a friend who is visiting. Is Danny negligent by leaving the loaded gun on the coffee table?

6. A second-grade teacher leaves class alone for 15 minutes while going outside to talk to an angry parent. One child, who has anger management issues, hit another child with a chair causing serious brain injury. Was the teacher negligent?