Breach
von Ashley Eileen
1. Defined
1.1. A defendant breaches a duty to care by conduct that falls short of the standard of care
1.1.1. Defendant is unreasonably risky
2. Determined by the jury
3. Uses a balancing test of B<PL Burden is greater than the plaintiff's probability of harm and the severity of the injury
4. Custom
4.1. Conforming is evidence of unreasonable ness but is not conclusive.
5. Cirumstantial evidence
5.1. Allows for reasonable inferences.
5.1.1. Slip and falls