Negligence Flashcards
(26 cards)
Prima Facie Case
1) Duty
2) Breach
3) Causation
4) Damages
Standard for NEgligence
reasonable person standard
negligence doctrine for rescuers.
A rescuer is a foreseeable plaintiff as long as the rescue is not done recklessly. Therefore, a defendant (the “rescuee”) is liable if he negligently puts himself or a third party in peril and the plaintiff (the “rescuer”) is injured attempting a rescue. The rescuee, therefore, owes a duty of care to the rescuer because danger invites being rescued. If the defendant breached that duty by tortiously creating his own or another’s peril, a negligence claim is possible so long as the other elements (causation and damages) are met and no other limitations apply (for example, if the rescuer caused his own injuries by attempting the rescue in a grossly negligent manner it will negatively affect the rescuer’s recovery).
reasonable person standard
objective standard
- to any foreseeable P, must act as a reasonable prudent person uinder teh circumstances
reasonable person std
physical disability v mental
physical- reasonable person withy disability
mental- reasonable person withouit disability
In general, who do we owe a duty to?
only owe a duty to foreseeable plaintiffs
Affirmative duty
no general duty to act affirmativelty except if:
a) preexisting social relationship exists
b) D put P in peril
c) D undertakes rescue of P or
d) duty imposed by law
when is D liable for undertaking rescue
L only if it increases the risk of harm or harm is suffered bdcause of reliance on the person providing help
Duty of Landowner
dependant on status of trespasser
Duty of Landowner to unknown trespasser
no duty owed
duty of landowner to anticipated (known) trespasser
without permission, but expected
duty to wearn of known dangers
what is a licensee?
duty of landowner to licensee?
-social guest
-duty to warn of known danger
what is an invitee?
duty of landowner to invitee?
business patron- a person who enters onto the premises in response to an express or implied invitation of the landowner, including those who enter for a purpose connected with the business or other interests of the landowner or occupier (e.g., store customers and persons accompanying them, employees, delivery persons).
-duty to warn, inspect, and make safe
Parents duty for children
duty if parent knows/should hace known child would cause harm
duty to rescue?
no duty, unless you try to render aid–>if so, you must exercise reas care
special relationships
other special relationships with a duty of care
common carrier
inkeeper/guest
teacher/student
employer/employee
Duty of Children
duty to act act like a child of simlar age
Duty of Professionals
duty to act like other professionals with same customs, eduction, training, and care within that community
Breach
failure to comply with duty of care
2 types of causation
actual- but/for (substantial factor test)
proximate: injury must have been foreseeable result of the breach
Damages
actual physical injury
intervening causes
act that occurs after the breach that contributes to harm
-intervening causes that are dependant (a natural reaction to) Ds wrongful acts–>usually deemed foreseeable
superseding causes
these are the causes that will be unforeseeable, breaking causation
1) act of God
2) intentional tort
3) criminal act
4) or anything that facts tell you are unforeseeable
If facts do not have any of these, they are all intervening and the defendant will pay
