Ch 17 Terminology Flashcards
Assumption of the Risk
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
Attractive Nuisance Doctrine
a doctrine establishing property owners duty to use ordinary care toward trespassing children who might reasonably be attracted to their propery
Bare Licensee
a person allowed on anothers premises by operation of law, such as a fire-fighter or police officer
Business Invitee
one invited on the premises for a business or commercial purpose
Causation
the direct and proximate cause of some ones’ injuries
Comparative Fault
another term for comparative negligence
Comparative Negligence
the proportionate sharing between the plaintiff and the defendant of compensation for injuries; the division based on the relative negligence of the two
Compensatory Damages
damages that compensate the plaintiff for actual losses resulting from the breach
Contributory Negligence
negligence on the part of the plaintiff that contributed to his or her injuries and is a proximate cause of them
Culpable Negligence/Willful, Wanton, and Reckless Conduct
the intentional commission of an act that a reasonable person knows would cause injury to another
Damages
the monetary loss suffered by a party as a result of a wrong
Dangerous Instrumentalities
Hazardous items such as explosives and wild animals
Design Defect
the theory that a product was negligently designed or could have been designed more safely
Duty of Care
a legal obligation of carefulness or prudence toward those likely to be injured by ones conduct
Fact Finder
the jury in a jury trial or the judge in a nonjury trial
Failure to Warn
the theory that dangerous products were inadequately labeled or the danger inadequately communicated to the consumer or user
Foreseeable
known in advance; anticipated
General Damages
money meant to compensate the plaintiff for pain and suffering
Gratuitous Guest
one invited on the premises for nonbusiness purposes
Gross Negligence
extreme negligence
Humanitarian Doctrine/Last Clear Chance Doctrine
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
Liability
legal responsibility obligation or duty
Malpractice
professional misconduct; negligence of a professional
Manufacturing Defect
the theory that a product was negligently built or built with substandard materials
Negligence
the failure to use that amount of care and skill taht a reasonably prudent person would have used under the same circumstances and conditions
Ordinary Negligence
the want of ordinary care
Pain and Suffering
physical discomfort and emotional trauma
Privity of Contract
the relationship that exist between contracting parties
Product Liability
liability of manufacturers and sellers to compensate people for injures suffered because of defects in the manufacturers and sellers products
Proximate Cause
the dominant or moving cause
Prudent
cautious
Reasonable Care
the degree of care that a reasonable person would have used under the circumstance then known
Res Ipsa Loquitur
the thing speaks for itself
Special Damages
measurable amounts of losses including the lost of hospital and medical treatment and any loss of wages
Statute of Limitations
a time limit set by statute, within which suit must be commenced after the cause of action accrues
Statute of Repose
a absolute time limit for bringing a cause of action regardless of when the cause of action accrues
Strict Liability/Absolute Liability
Liability for an act that causes harm without regard to fault or negligence
Supervening Cause
a new occurrence that became the proximate cause of the injury
Wrongful Death Action
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
Wrongful Death Statutes
legislative enactments that govern wrongful death actions
