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Flashcards in Page 21 Deck (47):
1

Who are the people that are considered emergency rescuers under the firefighters rule?

EMTs, police officers, lifeguards, publicly employed professional risk takers

2

Why does the firefighters rule not apply for negligence that happens after the rescue or undisclosed/unanticipated dangerous conditions on the property?

Because a rescuer is a licensee, so the possessor has a duty to warn of concealed dangers

3

Does The firefighters rule apply to private citizens that help in an emergency?

No

4

Does The firefighters rule apply to rescuers that are off duty?

No

5

Does the firefighters rule apply to risks that are not inherent in the job?

No

6

If you get bit by a dog while fighting a fire, is that injury included in the firefighters rule?

No, because that wouldn't be a risk that was inherent in the job

7

If a licensee or trespasser is discovered by the landowner in a position of peril, what was the landowner do?

Use ordinary care to avoid injuring him

8

What is A privileged entrant?

Even with no express or implied invitation, certain people are privileged to enter, like cops, firefighters, census takers, private people under necessity. These are classified as licensees or invitees depending on their purpose

9

What is the recreational use immunity?

Landlords have immunity from nonpaying users of their land that do recreational activities on it with their tacit approval, and are only liable for gross negligence or willful/wanton conduct

10

What are things that are included in recreation for the recreational use immunity?

Fishing, hunting, motorcycling, snowmobiling, outdoor activities, etc.

11

Does The possessor have a duty of care to keep the premises safe for entry or give warning in the recreational use immunity?

No, but if the user has paid to enter or was expressly invited, then he does

12

What is the rationale behind the recreational use immunity?

The law wants to encourage landowners to open their land for the public'a use

13

If the location of an injury isn't on property that is being used for recreation, but on property that was a means to get to the recreational property, does the recreational use immunity apply?

No

14

If someone is on the land for a purpose other than recreation and gets injured there, does it matter that his purpose wasn't recreation in order for the recreational use immunity to apply?

No, as long as he was engaged in recreational pursuits that were permitted on the land

15

What are the two different approaches to the status of people on land?

Status approach and unitary standard approach

16

What is the unitary standard approach?

Uses a generalized reasonable person standard regardless of an entrant's status

17

What is the test for the unitary standard approach?

Whether the occupier has acted as a reasonable person in the management of his property in view of the likelihood of injury to others

18

What is the rationale behind the unitary standard approach?

A man's life/limb isn't any less worthy of protection just because he is a trespasser

19

What is the duty owed under the unitary standard approach to people outside the land?

No duty for natural conditions on the land, even if the possessor knows it creates a serious risk of harm. There is a recognized duty for artificial conditions or activities

20

What are the factors that influence a duty in the unitary standard approach?

Plaintiff's status, foreseeability of harm, relationship between the defendant's conduct and plaintiff's injury, moral blameworthiness of the defendant's conduct, availability of insurance, etc.

21

What is the exception to the unitary standard approach?

Trees in urban areas (Duty of reasonable care to make sure trees on the property don't pose unreasonable risks to people outside the land)

22

Is causation for negligence?

Must prove actual cause and proximate causation

23

What is actual causation's other name?

Cause in fact

24

What is actual causation?

Plaintiff's injury is a direct result of defendant's conduct

25

If Someone would've been injured regardless of the defendant's act, is he the cause in fact?

No, so he wouldn't be liable

26

What are The legal test that can be used to show actual causation?

But-for test, substantial factor test, Summers v Tice test, market share liability

27

What is the majority approach to actual causation?

The but-for test

28

Is the but-for test?

Plaintiff must prove by preponderance of the evidence that but for the defendant's act, he wouldn't have suffered the damage

29

When is the but for test most useful?

When there's only one cause of injury

30

If you take people out on your boat, don't give them a life jacket, and they drown, under the but for test would that prove to be the actual cause of death?

Yes, if they wouldn't have drown but for you not giving them a life jacket

31

If There are multiple tortfeasors what are the three different ways to deal with the causation in negligence for that?

Successive liability, concurrent liability, jointly engaged tortfeasors, substantial factor test

32

What is successive liability in negligence?

Successive independent acts of negligence that contributes to the plaintiffs injuries

33

How does successive liability relate to the but for test for causation for negligence?

If an injury comes from multiple defendants acting independently, each defendant is the but for cause unless a particular one can show that his conduct caused only identified injury

34

If you negligently pull out in front of someone who slams into you, and another who wasn't watching slams into that person, Who are the but for causes of the injuries?

Both are liable

35

What is concurrent liability?

If injury comes from more than one defendant, and the conduct of each defendant taken alone would not of been enough to cause injury, each is regarded as the but for cause

36

If there's a collision of two cars that injures a pedestrian and both drivers are negligent, who can the pedestrian recover from?

Either or both for any injuries

37

What are jointly engaged tortfeasors?

When Injury is inflicted by one of many defendants that are jointly engaged in negligent conduct, each is liable even though only one actually inflicted injury

38

If there is an illegal drag race that results in an injured bystander, who is liable?

Every participant even though only one injured the person

39

What is the substantial factor test?

When Two or more defendants cause injury, but each person's acts taken alone would've been enough to cause the injury

40

What does the P Have to prove in substantial factor test?

The defendant's act was a substantial/material factor that caused the injury

41

When is the substantial factor test especially good?

For cases that have more than one cause

42

If Someone starts a fire on the right side of your house and another person starts one on the left, and your house is destroyed, which causation test should be used to figure out liability?

But for test doesn't work because plaintiff can prove the injury would've happened even if he hadn't acted, so substantial factor test is the best

43

What Is the summers v tice test?

Plaintiff has the initial burden to establish that both defendants breached a duty of care, then the burden is on the tortfeasors to prove that they were not the ones that injured the plaintiff

44

When is the summers v tice test especially applicable?

When there's more than one D and you don't know who is responsible

45

If a defendant can show he wasn't the one that injured the plaintiff under the summers v tice test, what happens?

He is absolved from liability

46

If both of the defendants can't show that they weren't the ones that injured the plaintiff under the Summers v Tice test, what happens?

They are held joint and severally liable

47

What is the firefighter's rule?

Bars recovery for most injuries against the negligent creator of an emergency the rescuer is responding to but doesn't bar recovery for negligence that happens after the rescuer reaches the scene or for undisclosed and Unanticipated dangerous conditions on the property