B.O.D.

Question 1

If RPPuSSC SOC, then use….

Answer 1

• B<PL!!!!!
• B = burden
• P = probability of harm (incl. other potential harms)
• L = magnitude of harm

Question 2

Superior Skills

Answer 2

• should be used in BOD argument for RPP

Question 3

Res Ipsa Loquitor - elements

Answer 3

• probably negligence - common sense
• probably D is responsible - exclusive control, evidence negligence likely occurred, remove P as possible contributor
• no comparative fault (only some juris)
• superior knowledge of D (only some juris)

Question 4

Res Ipsa Loquitor - defenses

Answer 4

• D can defeat one of the elements

- D can prove she acted with reasonable conduct

Question 5

Res Ipsa Loquitor - fyi’s

Answer 5

• Ybarra - patient unconscious, shifts burden of proof to D, all are liable for harm (respondent superior)

Question 6

Slip and Fall

Answer 6

• P’s burden of proof

- need to prove unreasonable conduct (length of time the item was on the ground, did D have knowledge, etc.)