1 Flashcards
Unlike physical disability, _________ ________ generally does not excuse a person from liability for conduct which does not conform to the standard of a reasonable person under like circumstances.
mental disabiity
Does mental disability excuse a person from liability for conduct which does not conform to the standard of a reasonable person under like circumstances?
No!
A voluntary intoxicated person is held to the standard of conduct of a
reasonable sober person
An involuntary intoxicated person is held to the same standard as a
physically disabled person
meaning if disabled, the standard of conduct to which he must conform to avoid being negligent is that of a reasonable man under the disability.
A child must conform to the conduct of a
reasonable person of like age, intelligence, and experience under like circumstances
A child must conform to the conduct of a reasonable person of like age, intelligence, and experience under like circumstances. Exception:
adult activity
A higher standard of care is owed to a _____.
child
What is the hand formula?
B < P x L
What is B of the hand formula?
Where B is the Burden to Remediate (Cost to Fix)
What is P of the hand formula?
P is the probability of harm
What is L of the hand formula?
L is the severity of the potential harm or loss
Negligence is __________.
Carelessness
Negligence is ___________________________________________________.
conduct which falls below the standard established by law for protection of others against unreasonable risks of harm.
Direct Evidence is evidence of
the fact in question
eyewitness testimony as to the identity of the assailant.
direct evidence
Circumstantial Evidence is evidence from which the
fact in question may be inferred
fingerprints, skid marks
circumstantial evidence
loss or harm resulting from injury to person, property, or reputation.
damage
compensation in money imposed by law for loss or injury.
damages
Medical, hospital, rehabilitative, and similar costs
economic loss
Lost wages, earnings or profits
economic loss
Substitute labor
economic loss
custodial care
economic loss
in some situations, medical monitoring
economic loss
