Chapter 14 - Negligence and Unintentional Torts Flashcards
Reasonable
Someone of ordinary intelligence that behaves in the way society expects.
Negligence
Careless conduct that causes foreseeable harm to another person.
Defenses Against Negligence
-Owe the Plaintiff a duty of care.
-Fail to offer the standard of care.
-Action or failure to act cause the injuries.
Duty of Care
Obligation to foresee and avoid careless actions that might cause harm to others.
Foreseeability
A reasonable person ability to anticipate the consequences of an action
Standard of Care
The expected level of caution and conduct expected of a reasonable person.
Professional Liability
The expectation of someone with a special skills that most reasonable people don’t have.
Medical Liability
Consent must be given before any professional touches you.
Parental Responsibility
They are held liable for the actions of their children.
Kids can sure parents for negligence.
Rescuers
Good Samaritan Law - You don’t have to try and help someone but you must offer the standard of care.
Causation
“But for” test
Would the plaintiff had been injured if it wasn’t for the action of the defendant.
Appropriation
Dividing blame between multiple parties.
Remoteness of Damages
Plaintiff has to show direct correlation between cause and harm
Intervening Act
Unforeseeable event that interrupts the chain of events started by the defendant.
Defenses Against Negligence - Part 2
-Contributory Negligence
-Voluntary Assumption of Risk
-Inevitable Accident
-Act of God
-Valid Explanation
Contributory Negligence
The Plaintiff contributed to their injury by “unreasonable” conduct.
Voluntary Assumption of Risk
Plaintiff knowingly assumed potential risk associated with an activity.
Inevitable Accident
Something the defendant had no control over.
Act of God
A natural event that is both extraordinary and unexpected.
Valid Explanation
The accident occurred despite taking every reasonable precaution.
Statue of Limitations
Suits must be filled within a “reasonable” amount of time.
