Day 3

Question 1

Pure comparative Negligence

Answer 1

a P’s injury is reduced by his/her proportionate share of fault

Question 2

Joint and Several Liability

Answer 2

any one of multiple D’s who caused the P’s indivisible harm can be held liable for the P’s total amount of damages

Question 3

What is Ordinary Care?

In the case of Car Drivers?

Answer 3

the care that a reasonably prudent person would use under the circumstances.

In most Juris. car drivers owe a duty ordinary care to their passengers, who pay money and guest who ride for free.

Question 4

What is the loss-of-chance doctrine and when does it apply?

Answer 4

It allows P’s to recover in a wrongful death action based on med. mal. if the D’s malpractice cause ANY reduction in the decedents chance of survival.

Question 5

Contirbutory Negligence

Answer 5

an affirmative defense that completely bars the P’s recovery when his/her conduct falls below the standard of car persons should use for their own protection.

However, under trad. rules, Contributory neg. serves only as a defense to negligence claims - not intentional tort claims like battery.

Question 6

When does a seller of real property remain liable for negligence?

Answer 6

To persons off the land for physical harm caused by an artificial condition on that land that:
1. existed at the time of the sale
and
2. the seller knew, or should have known, existed and posed an unreasonable risk of harm to such persons.

The liability continues at least until the buyer has had a reasonable opportunity to discover and remedy the condition.

Question 7

Res ipsa loquitur

Answer 7

allows a D’s neg. to be inferred from circumstantial evidence if.
1. the P suffered a type of harm that is usually caused by neg. of someone in the D’s position.
2. the evidence tends to eliminate other potential causes of that harm

Question 8

NIED liability under zone-of-dnager

Answer 8

1. the D neg. placed the P at risk of immediate bodily injury
   and
2. that risk caused the P serious emotional harm

Question 9

Substantial Factor Test, when does it apply?

Answer 9

when multiple forces combine to cause the P’s injury and any one alone would have been sufficient to cause the injury, the test for actual. causation is whether the D’s conduct was a sub. factor in causing the injury.

Question 10

Are injuries to rescuers sufficiently foreseeable to satisfy prox. cause against D?

Answer 10

Yes, as a result, a rescuer can recover for neg. if.
1. he/she was injured while attempting to rescue another
and
2. that person’s peril was caused by the D’s neg.

Question 11

What is the firefighters rule?

Answer 11

A limitation on the rescue doctrine that bars firefights and other prof. rescuers from recovering in negligence for harm that resulted from the special dangers of their jobs.

But they can still recover for injuries that arose from risks applicable to everyone.