Negligence Flashcards
1
Q
Negligence Per Se
A
- Def violated statute without excuse
- Plain in protected class
- Type of injury statute meant to protect against
*establishes duty and breach but still need to prove causation and damages
2
Q
Res Ipsa
A
“The thing speaks for itself”
- Incident doesn’t happen without negligence
- Caused by Def’s control
3
Q
Common Law Negligence
A
Duty (reasonable person or other)
Breach
Causation (proximate cause)
Damages
4
Q
Reasonable Person Standard
A
Reasonable, ordinary prudent person with same physical characteristics as defendant
*low IQ and insanity no excuse
5
Q
Is negligent conduct of those who are hired to treat/repair injuries a foreseeable consequence of the OG tortfeasor?
A
Yes!
Unless conduct is unforeseeable (eg intentional torts, criminal acts, tower events)
6
Q
Can you use a criminal statute for negligence per se?
A
Yes!
