Flashcards in Negligence: Duty (Ch. 4) Deck (21):
dangerous condition on the defendant's property that is likely to induce children to trespass
One who enters the land for a purpose connected with the business dealing of the possessor
Legal obligation to act reasonably and that arises out of our relationship to others
Doctrine that makes the owner of a car liable for the tortious acts of family members committed while driving
Good Samaritan statutes
Law providing that anyone who provides medical assistance is not liable for damages arising from that assistance as long as care is provided in good faith and does not constitute gross negligence
Persons invited by possessor of land onto her property for the purpose of conducting business
person who has possessor's consent to be present on land
Conduct that creates an unreasonable risk of harm to another
Professional Rescuer doctrine
Limits or bars the liability of tortfeasors to professional rescuers such as police officers and firefighters who sustained injuries as a result of ordinary negligence
One who enters the land for the purpose for which the land is held open to the public
Doctrine under which anyone who negligently causes harm to a person or property may be liable to one who is injured in an effort to rescue the imperiled person or property
respondeat superior doctrine
Doctrine that makes an employer liable for the tortious acts of employees committed in the scope of their employment
Liability for the tortious acts of others
What are the four exceptions to the No Duty rule for a trespasser?
What duty of care does the possessor of land owe to a Trespasser, Licensee, and Invitee?
-Trespasser: No duty to make land safe (4 exceptions)
-Licensee: Duty to warn known danger (no inspection)
-Invitee: Duty to inspect for hidden dangers and warn
Name 5 Special Relationships that may create duty of care?
Possessor of Land/Licensee/Invitee
Name the Defendant's relationships w/ 3rd party creating duty of care to Plaintiff
Guardian/Mentally Ill Patient
Tavern Owner/Intoxicated Patron
Car Owner/Intoxicated Driver
What are the 4 elements of negligence?
Duty of care, breach of duty, causation, damages
What elements of negligence are questions of fact?
Breach of Duty, Causation, and Damages
Duty of care: this is a question of _______, which is decided by ______