Chapter 8 Flashcards
To prove negligence, the plaintiff must prove four elements
Duty, Breach, Proximate Cause, and Damages
What is duty defined as?
Standard care expected of the defendant
What is breach defined as?
Defendant’s behavior falls below the standard of care set by the law
What is proximate cause defined as?
The act by the defendant caused the injury to the plaintiff
What is damages defined as?
Plaintiff suffered some type of physical or mental harm
How does the law establish one’s duty?
Standard of care set by the statute
If there is no statute, then it is a reasonable standard. What is this?
How would a reasonable person act under similar circumstances?
How do you determine if someone is acting s a reasonable person under the circumstanceS?
Ask the jury and have people testify
If the act caused the jury then..
You have proximate cause because there must be a direct relationship between the act and injury
What is indirect causation?
Actions lead to other things that lead to an accident but if it was not a foreseeable event in the future then there is no proximate cause
Mental harm might be ?
Pain and suffering that occurred as a result of the injury
What is a contributory negligence state?
The jury could determine if you are even 1% negligent, then the plaintiff can recover nothing.
What is a comparative negligence state?
The plaintiff would recover whatever the jury awarded her minus his/her negligence.
What is assumption of the risk?
The plaintiff engaged in an ultra-hazardous activity, then the court might find that the person assumed the risk associated with that activity and cannot recover damages
What are some examples of ultra-hazardous activity?
Sky diving, bungee jumping
