Term
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Definition
| Conduct that falls below the standard established by law for the protection against unreasonable risk of harm |
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Term
| Reasonable person standard |
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Definition
| Degree of care that a reasonable person would exercise under all the circumstances |
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Term
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Definition
| Must conform to conduct of a reasonable person of the same age, intelligence, and experience |
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Term
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Definition
| A person is under a duty to all others at all times to exercise reasonable care for the safety of the others' person and property; however, except in special circumstances, no one is required to aid another in peril |
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Term
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Definition
| Not to injure intentionally |
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Term
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Definition
| Person who enters or remains on the land of another without permission or privilege to do so |
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Term
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Definition
| To warn of known dangerous conditions licensees are unlikely to discover for themselves |
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Term
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Definition
| Person privileged to enter or remain on land by virtue of the consent of the lawful possessor |
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Term
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Definition
| To exercise reasonable care to protect invitees against dangerous conditions possessor should know of but invitees are unlikely to discover |
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Term
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Definition
| Person invited upon land as a member of the public or for a business purpose |
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Term
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Definition
| "The thing speaks for itself"; permits the jury to infer both negligent conduct and causation |
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Term
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Definition
| Liability for the negligent conduct of a defendant requires that his conduct in fact caused harm to the plaintiff |
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Term
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Definition
| The defendant's conduct is a factual cause of the harm when the harm would not have occurred absent the conduct |
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Term
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Definition
| Liability is limited to those harms that result from the risks that made the defendant's conduct tortious |
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Term
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Definition
| Intervening event that occurs after the defendant's negligent conduct and relieves her of liability |
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Term
| Harm to legally protected interest |
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Definition
| Courts determine which interests are protected from negligent interference |
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Term
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Definition
| Failure of a plaintiff to exercise reasonable care such that her failure is a legal cause of the plaintiff's harm |
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Term
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Definition
| Final opportunity to avoid an injury |
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Term
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Definition
| Doctrine dividing damages between the plaintiff and defendant where the negligence of each has caused the harm |
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Term
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Definition
| A disabled person's conduct must conform to that of a reasonable person under the same disability |
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Term
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Definition
| A mentally disabled person is held to the reasonable person standard of a reasonable person who is not mentally deficient |
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Term
| Superior skill or knowledge |
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Definition
| If a person has skills or knowledge beyond those possessed by most others, these skills or knowledge are circumstances to be taken into account in determining whether the person has acted with reasonable care |
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Term
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Definition
| The reasonable person standard applies, but an unexpected emergency is considered part of the circumstances |
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Term
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Definition
| Sudden, unexpected event calling for immediate action |
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Term
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Definition
| If the statute applies, the violation is negligence per se in most states |
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Term
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Definition
| Conclusive on the issue of negligence (duty of care and breach) |
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Term
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Definition
| Liability for nonintentional and nonnegligent conduct |
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Term
| Abnormally dangerous activity |
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Definition
| Strict liability is imposed for any activity that 1) creates a foreseeable and highly significant risk of harm and 2) is not one of common usage |
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Term
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Definition
| Strict liability is imposed for wild animals and usually for trespassing domestic animals |
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Term
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Definition
| is not a defense to strict liability |
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Term
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Definition
| Some states apply this doctrine to some strict liability cases |
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Term
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Definition
| Express assumption of risk is a defense to an action based upon strict liability; some states apply implied assumption of risk to strict liability cases |
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