Term
| Define B<PL and give an example |
|
Definition
B = Burden, ex: cost of safety measures
P = Probability of the specific harm, ex: probability that a bag will fall from the overhead compartment and hit a passenger
L = loss, injury to passengers |
|
|
Term
| Who is a reasonable person? What characteristics may be accounted for? |
|
Definition
Physical abnormalities/disabilities may be taken into acccount
Mental capacity can not |
|
|
Term
| What is the difference between the objective and subjective reasonable person? |
|
Definition
Objective standard takes into account particular situation
Subjective standard sets a specific duty for a person/company/operation. |
|
|
Term
| What is the baseline duty? |
|
Definition
| Ordinary or reasonable care |
|
|
Term
| What does res ipsa loquitor apply to? |
|
Definition
| An accident or event that is so strange it generally could not happen without negligence. |
|
|
Term
| Res Ipsa Loquitor factors |
|
Definition
1. not the kind of injury that happens sans negligence
2. caused by agency with in complete control of the defendant
3. not due to voluntary act by plaintiff |
|
|
Term
| What is the standard of care in the medical field? |
|
Definition
| industry standard - what a reasonably competent practitioner of the same class in the same circumstances |
|
|
Term
|
Definition
|
widely accepted industry standard
a. Failure to follow does not establish duty or breach as a matter of law
b. Custom shows feasibility of an alternative – Burden
c. Custom does not establish duty but can give evidence of breach
|
|
|
Term
|
Definition
|
legally defined rule, law
Compliance with a statute does not show due care as a matter of law
|
|
|
Term
| reasons why non-complience with statute might not be negligence |
|
Definition
purpose, noncompliance necessary in emergency, physically incapable of compliance |
|
|
Term
| Special relationships: duty to warn or rescue |
|
Definition
a. common carrier
b. Innkeeper
c. Possessors of land that hold it open to the public
d. Persons who have custody of another person under circumstances in which that other person is deprived of normal opportunities to defend themselves
|
|
|
Term
| there is no duty to warn or rescue others unless: |
|
Definition
1. a special relationship exists
2. you create a relationship
3. you create a risk |
|
|
Term
| duty to control or warn against the actions of a third party: special relationships |
|
Definition
1. parent/child
2. master/servent
3. land/chattel owner
4. custody of a crazed killer |
|
|
Term
Special relationship to control 3rd party refers to relationship between: |
|
Definition
|
|
Term
Special relationship to warn or rescue refers to relationship between: |
|
Definition
|
|
Term
|
Definition
duty to warn/control a third party, creates a special relationship
a. Foreseeability of harm plaintiff
b. certainty plaintiff injured
c. connection between defendant's conduct and injury to plaintiff
d. Moral blame attached to defendants conduct
e. Policy of preventing future harm
f. burden to the defendant and consequences to the community
g. Availability of insurance |
|
|
Term
| why can commercial dealers be held responsible for the actions of the people they serve alcohol to? |
|
Definition
a. Better position to regulate
b. Get money to buy insurance
c. Similar to common carrier |
|
|
Term
|
Definition
1. Entrants to land who have not been given permission by owner
2. no duty of care - Duty not to wantonly or willfully harm trespasser |
|
|
Term
|
Definition
1. Enter a premise with permission, social purpose
2. Slightly lower than ordinary/due care - Duty to make safe or warn of dangers of which the possessor is aware. |
|
|
Term
|
Definition
1. Enter with permission and the owner/possessor has an interest in the visit
2. Duty is higher than ordinary care - Duty to exercise reasonable care to protect invitees from known dangers and those that would be revealed by inspection |
|
|
Term
| Rowland factors, what for, where, what they are: |
|
Definition
California, land owner duty
a. Foreseeability of harm
b. Purpose for entering the premises
c. Time, manner, and circumstances of entrance
d. Use to which premises are put
e. Reasonableness of inspection, repair, or warning
f. Opportunity or ease of repair, correction, or warning
g. Burden on the land owner and/or community in terms of inconvenience or cost in providing adequate protection |
|
|
Term
| when does negligent infliction of emotional distress apply? |
|
Definition
| when damages for emotional harm are the only damages being sought |
|
|
Term
| In B/PL analysis custom goes towards ? |
|
Definition
|
|
Term
|
Definition
| does not show due care exercised as a matter of law |
|
|
Term
| is violation of a statutory duty negligence per se? |
|
Definition
|
|
Term
| Reasons not complying with a statute might not be negligence |
|
Definition
1. purpose
2. compliance would be more dangerous
3. physically unable to comply |
|
|
Term
there is a statute that says you cannot scooter on the sidewalk to protect pedestrians, and you cannot ride without a helmet to protect yourself.
A boy is scootering without a helmet and hits a person. is he liable for damages to that person? |
|
Definition
| no. no negligence the purpose of the statute is not to protect the class of plaintiffs that was injured |
|
|
Term
there is a statute that says you cannot scooter on the sidewalk to protect pedestrians, and you cannot ride without a helmet to protect yourself.
A boy scooters down the sidewalk and hits a person. Is he liable for damages to that person?
|
|
Definition
| yes. negligence, the statute's purpose is to protect the class of plaintiff that was injured |
|
|
Term
| does compliance with a statute show due care as a matter of law? |
|
Definition
| no, it usually sets a bare minimum |
|
|
Term
| If A buys a ticket to ride on B's boat and A falls in, is B liable for A's injuries? |
|
Definition
| common carrier, duty owed |
|
|
Term
If A brings beer to ride on B's boat and A falls in, is B liable for A's injuries?
|
|
Definition
| no duty, not a common carrier |
|
|
Term
A is on B's boat, B asked everyone to chip in for gas. A falls in, is B liable for A's injuries?
|
|
Definition
| unclear, maybe common carrier, but probably not, dissimilar assumption of safety, capability to improve safety, insurance |
|
|
Term
| in duty to control third party who injures the plaintiff? |
|
Definition
| the third party, usually the ∏ can bring suit against someone other than ∆ |
|
|
Term
| special relationships that give rise to a duty to control a third party |
|
Definition
parent/child
master/servant
land/chattel owner and user of such
Custody of a crazed killer |
|
|
Term
| the special relationship in warn/rescue cases is between who? |
|
Definition
| between plaintiff and defendant |
|
|
Term
| the special relationship to control a third party is between who? |
|
Definition
| between the defendant and the third party |
|
|
Term
∏ and spouse at a fair. ∏ turns to watch roller coaster and spouse is killed by falling clown. ∏ turns around and sees spouse dead.
A. π will not be able to recover because she did not see her spouse being killed
B. π may be able to recover if she observed her husband immediately after his death
C. π may be able to recover if she heard her spouse scream and the clown fall
D. more than one correct |
|
Definition
both B and C are correct
B. π may be able to recover if she observed her husband immediately after his death
C. π may be able to recover if she heard her spouse scream and the clown fall |
|
|
