Duty of Care (Negligence) Flashcards
what are the prima facie elements of a negligence claim? (4)
1) duty
2) breach
3) causation
4) damages
to whom is a defendant’s general duty of care owed?
to all foreseeable plaintiffs within the zone of danger (see Palsgraf)
what are the two questions we ask when faced with a negligence question?
1) to whom do I owe a duty?
2) what is the applicable standard of care?
what is a “duty”?
a defendant’s obligation to take risk-reducing precautions for the benefit of others
when is a rescuer a foreseeable plaintiff?
when the defendant negligently puts themselves or a third person in peril
**RATIONALE = danger invites rescue
what is the firefighter’s rule?
firefighters/police officers are barred from recovering for injuries caused by the inherent risks of their jobs
what is the basis standard of care? (general duty)
all persons owe a duty to behave with the same care as a reasonably prudent person (RPP) in the conduct of their activities to avoid injuring foreseeable victims
true or false: a defendant’s mental deficiencies and inexperience are NOT taken into account when determining the general RPP standard of care.
TRUE (low intelligence, etc is NO excuse – harsh standard)
how do we determine RPP’s behavior and who decides?
by asking what the average person acting under similar circumstances would do (objective standard, goes to the jury)
what is the standard for defendants with superior skill/knowledge? (exception to the general RPP standard)
a defendant who has knowledge or skills superior to that of an average person is required to exercise that experience
**TLDR = RPP with same superior skills/knowledge
when do a defendant’s physical characteristics affect the general standard of care? and what new standard is imposed when applicable?
when those physical characteristics are relevant to the claim
- standard applied = RPP with defendant’s relevant physical characteristics
