Negligence Flashcards
What is negligent infliction of emotional distress?
D engages in negligent conduct and, as a result, P suffers emotional distress that has some kind of physical manifestation
How does NIED apply to bystanders?
When physical harm occurs to a close relative an P suffers emotional distress as a result of the injury to the close relative. Requires that:
(1) P was located near the scene of the incident;
(2) P suffered emotional distress; and
(3) P had a close relationship with the victim
What is wrongful conception?
Birth of a healthy child after P took steps to avoid conception. Usually a negligently performed sterilization procedure
What is wrongful birth?
Birth of a child with anomalies, disease, or disability when the physician failed to diagnose issues during the pregnancy.
P is required to claim that she would have ended the pregnancy if physician hadn’t been negligent
What is wrongful life?
A child’s claim for having been born with anomalies, disease, or disability because the physician failed to diagnose issues during the pregnancy
What is an invitee?
Enters onto D’s land with express or implied consent and for a purpose relating to D’s interest (ex. shoppers in a store)
What duty does a landowner owe to invitees?
D has a duty to exercise reasonable care to prevent injuries caused by activities conduct on his land
What is a licensee?
Enters D’s land with D’s express or implied permission and not there for a purpose to benefit D (ex. social guest)
What duty does a landowner owe to a licensee?
D must warn of known concealed dangers that are not obvious
What duty does a landowner owe to a known trespasser?
Exercise reasonable care in warning them of an artificial condition maintained on the premises if the D thinks the trespasser won’t discover it
