General Duty of Care in Negligence Flashcards
Prima Facie Case of Negligence
1) a duty on part of the defendant to conform to a specific standard of conduct for protection of the plaintiff against an unreasonable risk of injury;
2) a breach of that duty by the defendant;
3) the breach is the actual and proximate cause of the plaintiff’s injury; and
4) damages
To Whom is a Duty Owed
A duty of care is owed to all foreseeable plaintiffs - that is the class of persons who were foreseeably endangered by the defendant’s negligent conduct
Rescuers - a rescuer is a foreseeable plaintiff when the defendant negligently put themselves or a third person in peril of danger (danger invites rescue)
Firefighter’s Rule - Firefighters and police officers are barred from recovering injuries caused by the inherent risks of their jobs
Intended Beneficiary - a third party for whose economic benefit a legal or business transaction was made (beneficiary of a will) may be a foreseeable plaintiff (think malpractice claim by a beneficiary)
Basic Standard of Care
All persons owe a duty to behave with the same care as a reasonably prudent person in the conduct of their activities to avoid injuring foreseeable victims.
The reasonable prudent person standard is objective, measured against what the average person would do.
NOTE - a defendant’s mental deficiencies and inexperience is not taken into account (low intelligence is not excuse)
Superior Skill or Knowledge Standard of Care
A defendant who has knowledge or experience superior to that of an average person is required to exercise that experience. The standard is a reasonable prudent person with that same superior knowledge or skill.
Physical Characteristics
The reasonably prudent person is considered to have the same physical characteristics as the defendant IF those physical characteristics are relevant to the claim.
A blind person should act as a reasonably prudent person who cannot see
