General duty of care in Negligence Flashcards
What is the first element of prima facie negligence?
1a. A duty by defendant
1b. To confirm to a specific standard of conduct for protection of plaintiff
1c. against an unreasonable risk of injury
What is the second element of prima facie negligence?
A breach of that duty by defendant
What is the third element of prima facie negligence?
Breach is actual and proximate cause of P’s injury
What is the fourth element of prima facie negligence?
Damages
What are prima facie elements of negligence
A duty on part of D TO CONFORM TO A SPECIFIC STANDARD OF CONDUCT for protection of Plaintiff against an unreasonable risk of injury
A BREACH of that duty by D
The breach is the ACTUAL AND PROXIMATE CAUSE of Plaintiff’s injury
Damages
To Whom is a duty of care owed generally?
All foreseeable plaintiffs.
How is the extent of duty determined?
By the applicable standard of care.
Who is a foreseeable plaintiff?
The class of persons foreseeable endangered by D’s negligence.
Zone of danger.
When is a duty to rescuers foreseeable?
When D negligently put themselves in danger or a third person in peril.
What is the firefighter rule?
Fire fighters and police officers are barred from recovery because risks are inherent in their job.
What is the basic duty standard of care?
The reasonably prudent person standard.
What is the basic standard of care?
Objective, mental deficiencies are not considered.
What if a defendant has knowledge or experience more than the average public?
Then the defendant must excercise this expierience in their duty.
How does the reasonably prudent person standard affect physical characteristics?
RPP is considered to have the same physical characteristics as Defendant IF those characteristics are relevant.
How should a blind person act out their standard of care?
As a reasonably prudent person who cannot see.
