Cases - Negligence Flashcards
(37 cards)
1
Q
Negligence - Negligence Formula
Lubitz
A
- Golf Club Left In Yard
- No Liability for Non-Forseeable Damages
2
Q
Negligence - Negligence Formula
Blyth
A
- Pipes Freeze Due to Historic Cold Weather
- No liability because not forseeable
3
Q
Negligence - Negligence Formula
Gulf Refining v. Williams
A
- Bung Hole Cap Damaged with Company Knowledge
- Actual Knowledge creates duty to mitigate
4
Q
Negligence - Negligence Formula
Pipher
A
- Case of Drunk Girl Grabbing Wheel
- Actual Knowledge of Danger = Duty to Mitigate
5
Q
Negligence - Negligence Formula
Chicago
A
- Railroad Turntable Severs Childs Ankle
- Attractive Nuisance
- Cost of Prevention Low
- Duty of Reasonable Care Even to Trespassers
6
Q
Negligence - Negligence Formula
Davidson
A
- Wooden Railing Does Not Prevent Car From Driving Through
- Cost of Prevention Too High for Liability
7
Q
Negligence - Negligence Formula
US v. Carroll Towing
A
- Bargee Not on Barge During Working Hours and Accident
- Learned Hand’s Formula: Cost of Prevention < Probability of Harm and Level of Harm
- Duty to Mitigate Risk
8
Q
Negligence - Standard of Care - RPP
Vaughn
A
- Haystack Fire
- Duty to use the same level of ordinary care that would be exercised by a reasonable person
9
Q
Negligence - Standard of Care - RPP
Delair
A
- Tires Blown Out
- Liability for Dangerous Condition that Should Have Been Discovered even without proper knowledge
10
Q
Negligence - Standard of Care - RPP
Trimarco
A
- Glass Bathtub Door Shatters
- Not industry standard and known
- Subsequent Remedial Measures: Whether Liability to should apply to those trying to fix a known latent condition?
11
Q
Negligence - Standard of Care - RPP
Cordas
A
- Gun to Head of Cab Driver
- Actions under emergency situation are held to RPP in that situation rather than normal scenario
12
Q
Negligence - Standard of Care - RPP
Roberts
A
- Blind Vendor
- RPP standard for person with that disability
13
Q
Negligence - Standard of Care - RPP
Robinson
A
- Snowmobile Accident Caused by Minor
- Kids are Held to Subjective Standard Unless Engaged in This Type of Adult Activity Where They are a RPP
14
Q
Negligence - Standard of Care - RPP
Breunig
A
- Batman Driver
- Mental Incapacity is a defense if unknown and sudden onset
- Otherwise Liable
15
Q
Negligence - Standard of Care - The Professional
Heath
A
- Pilot Breaches duty and kills himself and others
- Professionals held to objective standard of ordinary member of profession
16
Q
Negligence - Standard of Care - The Professional
Hoges
A
- Lawyer Sued for Mail Service Barred
- Lawyers are not liable for malpractice when behaving in accordance with well-established local customs
17
Q
Negligence - Standard of Care - The Professional
Boyce v. Brown
A
- Nerotic Ankle, Not Xrayed
- No malpractice if not the standard of care at the time
- No deviation from approved methods
18
Q
Negligence - Standard of Care - The Professional
Morrison
A
- Urehtral smear standing up
- Standard of care is national, not local, eliminating the locality rule
19
Q
Negligence - Standard of Care - The Professional
Scott
A
- Pltf unhappy with results of care
- Informed Consent Standard: Faliure to inform of a material risk, if informed would not have consented, and that the consequences that were not made known did occur and injury followed
20
Q
Negligence - Standard of Care - The Professional
Moore v. Regents
A
- Patient’s Genes Used in Research without Knowledge
- Disclsoure of Financial Interests Required for Medical Professionals
21
Q
Negligence - Violation of a Statute
Perry
A
- Child Abuse Reporting Law
- Violation of a statute constitutes negligence per se when the violation results in injury to a member of the class of persons intended to be protected by the legislation and when the harm is of the kind which the statute was enacted to prevent, but only if the court determines this is appropriate
- Was not determined appropriate here
22
Q
Negligence - Violation of a Statute
Zeni
A
- Violation of Statue on Sidewalk Walking Because of Snowstorm
- Rebuttable Presumption of Breach with Statutes if Proof can be show of necessity of violation
23
Q
Negligence - Proof of Negligence - Court and Jury
Goddard
A
- Banana on Train Platform slip and fall with no other evidence
- Negligence cannot be assumed from nothing but the occurance
24
Q
Negligence - Proof of Negligence - Court and Jury
Anjou
A
- Old banana slip on platform
- Constructive Knowledge of Unsafe Condition = Breach
25
# Negligence - Proof of Negligence - Court and Jury
Joye
* Banana Peel on Floor of Store
* Pltf Must Show Constructive Notice of Dangerous Condition
26
# Negligence - Proof of Negligence - Court and Jury
Ortega v. Kmart
* Slip & Fall on Milk Puddle
* Need constructive knowledge for breach
27
# Negligence - Proof of Negligence - Court and Jury
Jasko
* Woolworth Pizza Slip & Fall Case
* Operational practice created
unsafe condition, so notice doesn’t need to be proved
28
# Negligence - Proof of Negligence - Court and Jury
H.E. Butt Grocery v. Resendez
* Grape Display
* Grocery owner exercised due care, so no liability
29
# Negligence - Proof of Negligence - Res Ipsa
Byrne
* Flour Barrel Falling Out of Merchant's Window
* Negligence by Act Itself
30
# Negligence - Proof of Negligence - Res Ipsa
Larsen
* Chair Out of Hotel Window
* Negligence Not Implied by Act Itself Occuring
31
# Negligence - Proof of Negligence - Res Ipsa
James
* Guidewire Left Inside Patient
* Res Ipsa Only Applies to Unintentional Acts
32
# Negligence - Proof of Negligence - Res Ipsa
Sullivan
* Swerving Truck, Driver Didn't Know What Happened
* Res Ipsa is an inference and a jury still must make a determination on the most probable evidence
33
# Negligence - Proof of Causation
Reynolds v. Texas Pacific
* Woman Falls Down Dark Stairwell at RR Station
* Greatly Increased Probility of Harm
* Mere possibility it would
have happened without negligence is not enough to avoid liability
34
# Negligence - Proof of Causation
Gentry
* Shotgun killed woman when shooter fell on poorly maintained steps
* Class of injury so far outside what was foreseeable, no
liability
35
# Negligence - Proof of Causation
Daubert
* Ds were minors with birth defects and brought suit against pharmaceutical company alleging bendectin caused their birth defects
* Rule: Expert generally accepted if
a. Peer review publication
b. Been tested
c. Rate of error acceptable
d. Timing – research done before being consulted
36
# Negligence - Proof of Causation
Summers
* Two hunters shoot plaintiff in eye after shooting in her direction. Not clear who hit her
* Two defendants not acting in concert are nevertheless liable for injury if both were negligent but identity of defendant who caused the harm is unknown
* Burden of proof shifts to defendants to prove they did not cause the injury
37
# Negligence - Proof of Causation
Sindell
* P developed cancer as a result of mother’s ingestion of drug during pregnancy. P did not know which of 5 manufacturers caused the harm so brought suit against all of them
* Where multiple manufactures of fungible goods are named as Ds and it cannot be determined which manufacturer caused the harm, they will be proportionally held liable in accordance with their market share
