Chapter 4 (second half) Flashcards
Negligence
- Duty of care to act as a responsible person under similar
- Breach of Duty
- Proximate Cause
- Of Damages to the Plaintiff
Duty
- No Duty to stop & render aid
- Duty to aid if were involved in accident
- In your actions, act as reasonable person would act
Proximate Cause
An event sufficiently related to a legally recognizable injury to be held to be the cause of that injury.
Assumption of risk
getting hit by foul balls YOU KNOW OF THE RISK
or skydiving or surgeries
How are damages calculated?
torts
COMPENSATOR DAMAGES-to reimburse
CONTRIBUTARY NEGLIGENCE-not wearing seatbelt and that making your injuries even worse
Strict Liability & when is it used?
Limitability regardless of fault
Imposed on defendent whoses activities are ABNORMALLY DANGEROUS…lion in backyard
Invitee
Persons who come onto premises for business purposes, including retail and other establishments. THEY HAVE A DUTY TO INSPECT THE PREMISES)
Grape on floor
Licensees
Social Guest
Allow people to come onto your property
Must warn guest about dangers
BUT if you dont know then you just dont know
Duty of Landowners
Respassr-duty not to intenionally o wrecklly cause them harm.
(example of the 13 year old with a spring gun)