Med Mal/Res Ipsa/Per Se

Question 1

What are the elements of negligence per se under Restatement §14?

Answer 1

1. Violation of statute
2. Designated to protect against the type of harm that occurred
3. Victim is in the class of the statute was designed to protect.

Question 2

Prima Facie Case

Answer 2

Initial factual showing a party MUST take to support a claim, which raises a rebuttable presumption in favor of the party.

Question 3

Negligence Per Se

Answer 3

Negligence that applies as a matter of law, w/o requiring proof that actor breached a duty of care.
D can only raise valid excuses.

Question 4

Store owners owe what to its customers?

Answer 4

A duty of care

Question 5

What must an injured party show for a breach of duty of care?

Answer 5

Actual or constructive notice of dangerous condition

Question 6

When does a storekeeper have constructive notice?

Answer 6

If the dangerous condition is present long enough a person exercising reasonable diligence would’ve discovered it.

Question 7

Elements of Res Ipsa Loquitor

Answer 7

1. An event that doesn’t ordinarily happen absent of negligence
2. D had exclusive control of instrumentality (other causes are excluded)
3. Injury not the fault of P