Chapter 7 Flashcards
res ipsa loquitur
(pronounced rehs ehp-suh low-quuh-duhr) A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. Literally, the term means the facts speak for themselves.
assumption of risk
A defense against negligence that can be used when the plaintiff is aware of a danger and voluntarily assumes the risk of injury from that danger.
business invitee
Those people, such as customers or clients, who are invited onto business premises by the owner of those premises for business purposes.
causation in fact
An act or omission without (but for) which an event would not have occurred.
comparative negligence
A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person’s proportionate negligence.
contributory negligence
A theory in tort law under which a complaining party’s own negligence contributed to or caused his or her injuries. Contributory negligence is an absolute bar to recovery in a minority of jurisdictions.
dram shop act
A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication.
duty of care
The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence.
Good Samaritan statute
A state statute that provides that persons who rescue or provide emergency services to others in peril_unless they do so recklessly, thus causing further harm_cannot be sued for negligence.
malpractice
Professional misconduct or the failure to exercise the requisite degree of skill as a professional. Negligencethe failure to exercise due careon the part of a professional, such as a physician or an attorney, is commonly referred to as malpractice.
negligence
The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.
negligence per se
An act (or failure to act) in violation of a statutory requirement.
proximate cause
Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability.
reasonable person standard
he standard of behavior expected of a hypothetical reasonable person. The standard against which negligence is measured and that must be observed to avoid liability for negligence.
strict liability
Liability regardless of fault. In tort law, strict liability may be imposed on defendants in cases involving abnormally dangerous activities, dangerous animals, or defective products.
