Final

Question 1

Duty

Answer 1

an obligation or responsibility

Question 2

What is the analysis of Duty?

Answer 2

Building a reasonable person. (weather, how much time has passed, who are the plaintiffs, what is the setting and where, how long has the condition been there, is it older people or little kids)

Question 3

What are the elements of Duty?

Answer 3

Ownership
Duty to Maintain
Duty to Inspect
Duty to Operate
Duty to Control

Question 4

Breach

Answer 4

When the acts or omissions of a defendant fall below that a reasonable person would have acted.

Question 5

How can you prove breach?

Answer 5

Notice or knowledge of the dangerous condition.
(Actual notice ( admits to knowing) or Constructive notice (should have known))

Creation - the defendant took other steps to make something unsafe.

Question 6

How else can you prove breach?

Answer 6

Violation of a statute - the violation of a law, you can use this, but it must be applicable to the situation you’re in.

Question 7

One more way to prove breach?

Answer 7

Industry Custom - certain instances where we can look at the custom actions. A custom business or industry works if only it is easy to understand the custom.

Question 8

Defense to Breach 1

Answer 8

Assumption of Risk - sometimes the activity you’re engaging in you should appreciate the risk and you still take it on, and you get injured. Must be consistent wit the activity you’re engaging in.

Question 9

Defense to Breach 2

Answer 9

Trivial Defect - the danger of the condition is just too small. Is big enough for us to worry about. How big or serious is the defect?

Question 10

Defense to Breach 3

Answer 10

Open and obvious and not dangerous by itself - it must be open and obvious in itself and not dangerous. Must use your senses to a reasonable extent.

Question 11

Defense to Breach 4

Answer 11

Contributory negligence - The plaintiff caused the accident. If you were paying attention there wouldn’t have been an accident.

Question 12

Causation

Answer 12

Foreseeability- want our defendants to guard against things they can be sued for. It can’t mean everything, but some things are reasonable. Has to be between possible and probable. Should have taken steps to fix it

Substantial Factor- Is it important enough to sue someone else’s actions? You do this analysis after foreseeability.

Question 13

Liability Elements

Answer 13

1. Duty
2. Breach
3. Causation

Question 14

Monetary Damages

Answer 14

1. The actual injury: broken bones, herniation. They are objective, they can be touched and viewed.
2. Pain and Suffering - more subjective, you have to trust that the person is telling the truth based on their injuries. You do not want to overdue your credibility because then you can be seen as not trustworthy.
3. Lost Wages - if you can’t work, prove your salary via tax returns. This is objective. Any tips, commissions, promotions etc. These are subjective because how do they know that you would really earn those things.
4. Medical Bills - Bring the bills and statements. These are objective. If there are future appointments like more surgery, and more physical therapy. Past medical bills can show objectivity to show how serious the injury was.
   Note: DO NOT TRY TO CLAIM MONEY THAT WAS PAID BY INSURANCE.