chapter 7 Flashcards
negligence
when someone suffers because someone didn’t live up to duty of care
reasonable person standard
compares the action to how a normal person would have reacted and sees if its wrong
duty of landowners
landowners responsible for protection on anyone who comes into his property
business invites
if the business doesn’t provide any sing to prevent you from injury
obvious risks an exception
even tho is so obvious still have to provide protection
no duty to rescue
no need to safe someones life
causation
if the negligence of someone directly affects someone then yeah they arr responsible
proximity cause
if the negligence cause harm with in a proximity area even if the even wasn’t foreseen
assumption of risk
if the plaintiff voluntary enter into a risky situation
in emergencies no assumption of risk
if a person tries to help someone he is not liable for the effects
superseding cause
if the accident happens here and an airplane crashes the person is not liable for the effects of the plane only for what he did
Res ipsa loquitur
the fact speack for it self
pure comparative negligence
if the plaintiff has more then 51% is his fault he still receive the full recovery
modified comparative fault states
if more then 51% then the plaintive receives nothing in recovery damages
negligence per se
if an individual breaks a rule and by breaking the rule it cause an accident he is fully responsible
