Term
|
Definition
| When a person acts unreasonably, causing harm to another. Negligence is most prevalent type of lawsuit against businesses today |
|
|
Term
| Negligence--Plaintiff Must Prove 4 Elements of Negligence Case |
|
Definition
Duty: defendant owed a duty of care to plaintiff
Breach: defendant breached duty
Causation: Defendant's breach caused plaintiff's injury
Damages: Plaintiff suffered injury
|
|
|
Term
| Negligence--Applying Reasonable Person Standard |
|
Definition
| Courts ask how a reasonable person would have acted in the particular circumstances |
|
|
Term
| Duty of Care and its Breach |
|
Definition
| Defendant owes duty to protect plaintiff from foreseeable risks that defendant knew or should have known about--a foreseeable risk is one which a reasonable person would anticipate and guard against |
|
|
Term
| Duty of Care and its Breach |
|
Definition
| Courts decide duty of care on case-by-case basis, depending on situation and relationship between parties; Invitee v. licensee v. trespasser |
|
|
Term
| Duty of Care and its Breach |
|
Definition
| Landowners have duty to use reasonable care to protext people on their property--includes landlords, tenants, guests. Landowners have duty to warn invitees of forseeable risks of which landowner knew or should have known--exception for obvious risks |
|
|
Term
| Duty of Care and its Breach--Duty of Professionals (Attorneys and Accountants) |
|
Definition
| Professionals owe higher duty of care based on special educations; malpractice is breach of professional duty |
|
|
Term
| Duty of Care and its Breach |
|
Definition
| No duty to rescue strangers--exception for special relationships; if rescue is attempted, must use reasonable care. Good Samaritan laws immunize good faith rescuers from civil liability for negligence |
|
|
Term
|
Definition
| Plaintiff must prove defendant's breach of duty caused injury, i.e., "but for" defendant's wrongful act, there would be no injury |
|
|
Term
|
Definition
| If risk was not forseeable to reasonable person, there is not proximate cause |
|
|
Term
| The Injury Requirement and Damages |
|
Definition
Plaintiff must prove he has a real injury
Compensatory damages reimburse plaintiff for actual losses
Punitive damages punish wrongdoer and deter others |
|
|
Term
|
Definition
| Assumption of risk, superseding cause, comparative negligence |
|
|
Term
|
Definition
| Defendant can assert defense that plaintiff knew about risk and voluntarily assumed risk--includes participants, spectators, bystanders. Defendant can argue that plaintiff's assumption of risk is express or implied--express by agreement; implied by plaintiff's knowledge of risks and subsequent conduct |
|
|
Term
|
Definition
| Unforseeable intervening event breaks connection between defendant's act and plaintiff's injury, so defendant is not liable for negligence |
|
|
Term
|
Definition
Jury calculates each party's % of liability.
Pure comparative negligence means it doesn't matter whose negligence is greater
Modified comparative negligence means if plaintiff is more responsible for injury than defendant, plaintiff cannot recover |
|
|
Term
| Special Negligence Doctrines and Statutes |
|
Definition
| Res Ipsa Loquitur ("thing speaks for itself")--if event is entirely within defendant's control, and injury happened, court presumes defendant is negligent. Burden of proof shifts to Defendant to prove he was not negligent |
|
|
Term
| Special Negligence Doctrines |
|
Definition
| Negligence Per Se ("automatic")--defendant who violates criminal statue designed specifically to protect plaintiff is also liable in tort under civil law |
|
|
Term
| Special Negligence Doctrines and Statutes |
|
Definition
| "Danger Invites Rescue" means defendant is liable to rescuer as well as victim. Good Samaritan statues may apply only to medical personnel in emergency. Dram Shop Acts say person who furnished alcohol may be liable to drunk driver's victims |
|
|
Term
|
Definition
| Liability without fault--it doesn't matter if defendant followed all safety rules |
|
|
Term
| Abnormally Dangerous Activities |
|
Definition
| Law imposes strict liability for abnormally dangerous activities--risk of serious harm, cannot be made safe, not commonly performed in community (neet to buy insurance) |
|
|
Term
| Other Applications of Strict Liability |
|
Definition
| Owners are strictly liable for injury caused by wild animal; Owners are strictly liable for injury caused by domestic animals if owner knew or should have known that animal is dangerous |
|
|
Term
|
Definition
| Manufacturer can be strictly liable for injury caused by an unreasonably dangerous or defective product |
|
|
