Ch 17 Terminology

Question 1

Assumption of the Risk

Answer 1

the condition that exists when the plaintiff assumes the consequences of injury and or when an employee agrees taht dangers of injury shall be at his or her own risk

Question 2

Attractive Nuisance Doctrine

Answer 2

a doctrine establishing property owners duty to use ordinary care toward trespassing children who might reasonably be attracted to their propery

Question 3

Bare Licensee

Answer 3

a person allowed on anothers premises by operation of law, such as a fire-fighter or police officer

Question 4

Business Invitee

Answer 4

one invited on the premises for a business or commercial purpose

Question 5

Causation

Answer 5

the direct and proximate cause of some ones’ injuries

Question 6

Comparative Fault

Answer 6

another term for comparative negligence

Question 7

Comparative Negligence

Answer 7

the proportionate sharing between the plaintiff and the defendant of compensation for injuries; the division based on the relative negligence of the two

Question 8

Compensatory Damages

Answer 8

damages that compensate the plaintiff for actual losses resulting from the breach

Question 9

Contributory Negligence

Answer 9

negligence on the part of the plaintiff that contributed to his or her injuries and is a proximate cause of them

Question 10

Culpable Negligence/Willful, Wanton, and Reckless Conduct

Answer 10

the intentional commission of an act that a reasonable person knows would cause injury to another

Question 11

Damages

Answer 11

the monetary loss suffered by a party as a result of a wrong

Question 12

Dangerous Instrumentalities

Answer 12

Hazardous items such as explosives and wild animals

Question 13

Design Defect

Answer 13

the theory that a product was negligently designed or could have been designed more safely

Question 14

Duty of Care

Answer 14

a legal obligation of carefulness or prudence toward those likely to be injured by ones conduct

Question 15

Fact Finder

Answer 15

the jury in a jury trial or the judge in a nonjury trial

Question 16

Failure to Warn

Answer 16

the theory that dangerous products were inadequately labeled or the danger inadequately communicated to the consumer or user

Question 17

Foreseeable

Answer 17

known in advance; anticipated

Question 18

General Damages

Answer 18

money meant to compensate the plaintiff for pain and suffering

Question 19

Gratuitous Guest

Answer 19

one invited on the premises for nonbusiness purposes

Question 20

Gross Negligence

Answer 20

extreme negligence

Question 21

Humanitarian Doctrine/Last Clear Chance Doctrine

Answer 21

the doctrine which hold that a defendant who had the last clear chance to avoid injuring the plaintiff is liable even though the plaintiff was contributory negligent

Question 22

Liability

Answer 22

legal responsibility obligation or duty

Question 23

Malpractice

Answer 23

professional misconduct; negligence of a professional

Question 24

Manufacturing Defect

Answer 24

the theory that a product was negligently built or built with substandard materials

Question 25

Negligence

Answer 25

the failure to use that amount of care and skill taht a reasonably prudent person would have used under the same circumstances and conditions

Question 26

Ordinary Negligence

Answer 26

the want of ordinary care

Question 27

Pain and Suffering

Answer 27

physical discomfort and emotional trauma

Question 28

Privity of Contract

Answer 28

the relationship that exist between contracting parties

Question 29

Product Liability

Answer 29

liability of manufacturers and sellers to compensate people for injures suffered because of defects in the manufacturers and sellers products

Question 30

Proximate Cause

Answer 30

the dominant or moving cause

Question 31

Prudent

Answer 31

cautious

Question 32

Reasonable Care

Answer 32

the degree of care that a reasonable person would have used under the circumstance then known

Question 33

Res Ipsa Loquitur

Answer 33

the thing speaks for itself

Question 34

Special Damages

Answer 34

measurable amounts of losses including the lost of hospital and medical treatment and any loss of wages

Question 35

Statute of Limitations

Answer 35

a time limit set by statute, within which suit must be commenced after the cause of action accrues

Question 36

Statute of Repose

Answer 36

a absolute time limit for bringing a cause of action regardless of when the cause of action accrues

Question 37

Strict Liability/Absolute Liability

Answer 37

Liability for an act that causes harm without regard to fault or negligence

Question 38

Supervening Cause

Answer 38

a new occurrence that became the proximate cause of the injury

Question 39

Wrongful Death Action

Answer 39

a suit brought by a decedents personal representative for the benefit of the decedents heirs claiming that death was caused by the defendants negligent act

Question 40

Wrongful Death Statutes

Answer 40

legislative enactments that govern wrongful death actions