Duty of Care Flashcards
Reasonably Prudent Person Standard
Objective standard
Defendant with above average skill or knowledge must exercise that skill or knowledge - what would a reasonably prudent person with the defendant’s skill or knowledge have done?
Standard of Care for Professionals
Professionals must possess and exercise knowledge and skill of an ordinary member of that profession in good standing
Ex: doctor being sued for medical malpractice - failing to get informed consent
- informed consent => doctor has duty to provide patient with enough information about risks so that patient can make informed decision
- any risk that would cause a reasonable person to decline treatment should be disclosed
- requires actual damage after the fact and for person to choose an option
Standard of Care for Children
Level of care of a child of like age, intelligence, education, and experience would exercise
Exception: when a child causes injury when indulging in an adult activity - child is held to a RPP standard
- consider whether activity is potentially dangerous even when an adult is doing it -> operating motorized vehicle
Standard of Care for Landowners
Applies to owners and occupiers and the physical structure as well as the surrounding land
Undiscovered Trespassers
Someone who comes onto your land without your knowledge or permission
NO DUTY - activity on land or condition on land
Discovered Trespassers
People who enter your land without permission, but you know they’re trespassing: those who you should anticipate will be on your land
Activity on land: reasonable care
Condition on land: “manmade deathtrap” => conditions likely to cause death or serious injury, concealed, landowner has reason to know about it
Licensee
People who enter your land for their own purpose or business with your knowledge
Ex: door-to-door salesman, social guests
First responders are treated like licensees
Activity on land: reasonable care
Condition on land: concealed dangerous condition known to landowner => natural or manmade concealed conditions - doesn’t have to cause death or serious injury
Invitees
People who enter your land for a purpose related to your business
Ex: customers of zoo, store customer, patron of business
Activity on land: reasonable care
Condition on land: duty to inspect for dangerous conditions (reasonable care)
Child Trespassers
Attractive nuisance doctrine:
- likelihood of kids coming onto the property
- whether they would be too young to appreciate the danger
- how difficult it would be to reduce the danger
Ex: swimming pools, ladders, abandoned cars
Landowner must act reasonably to protect child trespasser from harm
Standard of Care Created by Statute
- Plaintiff is in the class intended to be protected by the statute
- Statute is designed to prevent the type of harm that plaintiff suffered
Affirmative Duty to Act
People do not have an affirmative duty to act
Exceptions:
1. duty to assist if there’s a special relationship (parent-child, employer-employee, contract - lifeguard)
2. duty to prevent someone under your authority from harming someone else if you have the ability to do so
3. duty to assist if you cause someone to get hurt
If you assume duty, you must act with reasonable care under the circumstances
Duty to Avoid Negligent Infliction of Emotional Distress
Near-miss case: when you are in the zone of danger (even if unrelated) and you suffer from the threat of physical harm to someone else
1. close family member
- plaintiff witnessed
- close family member being injured by defendant’s negligence - if plaintiff was not in zone of danger
2. distress caused by business/commercial relationship that creates high risk of emotional distress
- doctor incorrectly diagnoses you - not another person
- funeral home mishandles family member
