Get ready to pinpoint the pivotal moment in any negligence claim with "Study for the Bar in Your Car"! In Episode 13: Breach, your AI hosts, Maude and Claude, expertly guide you through the crucial second element of negligence: breach of duty of care. This deep dive, crafted from Angela's meticulous notes, is designed to make this often-dense legal concept clear and actionable for your bar prep, ensuring you grasp not just the definitions but their practical implications.

The episode begins by defining breach as when a defendant's conduct falls short of the standard of care owed to the plaintiff. You'll learn why this critical determination is almost always a question for the trier of fact – typically the jury. The jury weighs all evidence, judges witness credibility, and draws conclusions about what actually happened, highlighting their central role in finding facts.

You'll gain a solid understanding of how to assess "unreasonable conduct" and "foreseeable risk":

• The "Reasonably Prudent Person" Standard: This objective baseline dictates what a hypothetical average, sensible person would do under similar circumstances.
• The Learned Hand Test (B < P * L): For complex scenarios, this formula balances the Burden of taking precautions against the Probability of harm multiplied by the Loss (gravity) of that harm. This practical approach also factors in the social utility of the defendant's conduct.

The episode makes crucial distinctions regarding how evidence shapes the standard of care:

• Internal Safety Rules: A company's internal rules or manuals do not automatically set a higher legal standard for negligence, but they can be relevant evidence.
• Industry Custom: Widespread industry custom can be incredibly important evidence in establishing a standard of care, sometimes even setting a higher bar than minimum legal requirements.

The principles of duty, breach, causation, and damages are brought to life through a compelling real-world example: The Vanessa Bryant Lawsuit. This tragic case illustrates how Los Angeles County Sheriff's and Fire Department personnel were found liable for breach of duty by allegedly taking and sharing graphic crash site photos of deceased loved ones for personal, non-law enforcement purposes. The lawsuit involved claims of invasion of privacy and Intentional Infliction of Emotional Distress (IIED), with the plaintiffs arguing the conduct was "absolutely extreme and outrageous". The jury ultimately awarded the plaintiffs a combined $31 million, underscoring the "severity of the breach, the outrageousness of the conduct, and the profound harm caused".

This episode offers critical insights into identifying and proving a breach of duty, a fundamental skill for bar exam success and real-world legal practice. Subscribe to the "Study for the Bar in Your Car" podcast today and build a rock-solid understanding of tort law!