Term
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Definition
| failure to exercise reasonable care under the circumstances |
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Term
| reasonable person standard |
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Definition
| duty of care required to avoid being negligent; refers to to one who is careful, diligent, and prudent |
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Term
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Definition
| must conform to conduct of a reasonable person of like age, intelligence, and experience. |
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Term
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Definition
| a disable person's conduct must conform to that of a reasonable person under like disability |
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Term
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Definition
| a mentally deficient person is held to the reasonable person standard of a reasonable person who is not mentally deficient |
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Term
| superior skill of knowledge |
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Definition
| professionals must exercise that same care and skill normally possessed by members of their profession |
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Term
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Definition
| the reasonable person standard applies, but the 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 so |
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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
| 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 invites 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 he jury to infer both negligent conduct and causation |
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Term
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Definition
| the defendant's conduct was the actual cause of, or a substantial factor in causing, the injury |
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Term
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Definition
| conduct is a cause of an event if the vent would not have occurred in the absence of the person's negligent conduct |
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Term
| unforeseeable consequences |
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Definition
| no liability if defendant could not reasonably have anticipated injuring the plaintiff or a class of persons to which the plaintiff belongs |
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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
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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
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Definition
| plaintiff must prove that defendant's negligent conduct caused harm to a legally protected interest |
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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
| express assumption of the risk |
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Definition
| plaintiffs express consent to encounter a known danger |
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Term
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Definition
| liability for nonintentional and nonnegligent conduct |
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Term
| abnormally dangerous activities |
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Definition
| involve a high degree of risk of serious harm and are not matters 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
| imposed upon manufacturers and merchants who sell goods in a defective condition unreasonably dangerous to the user or consumer |
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Term
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Definition
| is not a defense or a strict liability |
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Term
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Definition
| most states apply this doctrine to products liability cases |
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Term
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Definition
| is a defense to an action based upon strict liability |
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