Legal Terms Chapter 17 - Negligence and Product Liability

Question 1

Absolute liability

Answer 1

Liability regardless of fault, typically involving dangerous instrumentalities; also called strict liability.

Question 2

Assumption of the risk

Answer 2

An affirmative defense wherein the defendant asserts (and must prove) that the plaintiff voluntarily assumed the consequences of injury that were cause by the defendant; when an employee agrees that the dangers of an at-work injury shall be at his or her own risk.

Question 3

Attractive nuisance doctrine

Answer 3

A doctrine establishing property owners’ duty to use ordinary care toward trespassing children who might reasonably be attracted to their property.

Question 4

Bare licensee

Answer 4

One allowed on another’s premises by operation of law, such as a firefighter or police officer.

Question 5

Business invitee

Answer 5

One invited on the premises for a business or commercial purpose.

Question 6

Causation

Answer 6

The negligent act of the defendant was the direct and proximate cause of the plaintiff’s injuries.

Question 7

Comparative negligence

Answer 7

The proportionate sharing between the plaintiff and the defendant of compensation for injuries, the division based on the relative negligence of the two; also called comparative fault.

Question 8

Compensatory damages

Answer 8

Damages that compensate the plaintiff for actual losses resulting from the breach, placing the plaintiff in the same position he or she was in before the negligent act occurred; also called actual damages.

Question 9

Contributory negligence

Answer 9

Negligence on the part of the plaintiff that contributed to his or her injuries and is a proximate cause of them. In a contributory negligence jurisdiction, any proven negligence on the part of the plaintiff results in the plaintiff losing.

Question 10

Culpable negligence

Answer 10

The intentional commission of an act that a reasonable person knows would cause injury to another; also called willful, wanton, and reckless conduct. Above is expected for bare licensee and trespassers.

Question 11

Damages

Answer 11

Some actual loss.

Question 12

Dangerous instrumentalities

Answer 12

Hazardous items such as explosives and wild animals.

Question 13

Design defect

Answer 13

The theory that a product was negligently designed or could have been designed more safely.

Question 14

Dram shop laws

Answer 14

Statutes passed making the server liable for serving liquor to a clearly, already intoxicated person when their intoxication results in harm after leaving the establishment.

Question 15

Duty of care

Answer 15

A legal obligation of carefulness or prudence owed to those who are likely (or foreseeably likely) to be injured by one’s conduct.

Question 16

Failure to warn

Answer 16

The theory that dangerous products were inadequately labeled or the danger inadequately communicated to the consumer or user.

Question 17

Foreseeable

Answer 17

Known in advance; anticipated.

Question 18

General damages

Answer 18

Money meant to compensate the plaintiff for pain and suffering (physical discomfort and emotional trauma).

Question 19

Gratuitous guest

Answer 19

One invited on the premises for nonbusiness purposes.

Question 20

Manufacturing defect

Answer 20

The theory that a product was negligently built or built with substandard materials.

Question 21

Mitigate

Answer 21

Lessen; keep as low as possible.

Question 22

Gross negligence

Answer 22

Extreme negligence. Above is expected for gratuitous guest.

Question 23

Last clear chance doctrine

Answer 23

The doctrine which holds that a defendant who had the last clear chance to avoid injuring the plaintiff is liable even though the plaintiff was contributorily negligent; also called humanitarian doctrine.

Question 24

Liability

Answer 24

Legal responsibility.

Question 25

Negligence

Answer 25

The failure to use the amount of care and skill that a reasonably prudent person would have used under the same circumstances and conditions; when one person causes a loss or injury because of his or her own carelessness.

Question 26

Ordinary negligence

Answer 26

The lack of ordinary care. Above is expected for business invitee

Question 27

Privity of contract

Answer 27

The relationship that exists between contracting parties.

Question 28

Product liability

Answer 28

Liability of manufacturers and sellers or goods to compensate people for injuries suffered because of defects in the manufacturers' and sellers' products.

Question 29

Proximate cause

Answer 29

The dominant or primary cause in a foreseeable, probable fashion.

Question 30

Pain and suffering

Answer 30

Physical discomfort and emotional trauma.

Question 31

Prudent

Answer 31

Cautious.

Question 32

Reasonable care

Answer 32

The degree of care that a reasonable person would have used under the circumstances then known towards everyone who is rightfully on their premises; more common expectation now.

Question 33

Res ipsa loquitor

Answer 33

A legal doctrine from tort law meaning the thing speaks for itself; the plaintiff cannot have sustained the type of injury that occurred without the defendant being negligent.

Question 34

Statute of limitations

Answer 34

A time limit, set by statute, within which a suit must be commenced after the cause of action accrues.

Question 35

Statute of repose

Answer 35

An absolute time limit for bringing a cause of action regardless of when the cause of action accrues.

Question 36

Supervening cause

Answer 36

A new occurrence that became the proximate cause of the injury.

Question 37

Special damages

Answer 37

Measurable, quantifiable amounts of losses and include the cost of hospital and medical treatment as well as lost wages.

Question 38

Wrongful death action

Answer 38

A suit brought by a decedent's personal representative for the benefit of the decedent's heirs, claiming that death was caused by the defendant's negligent or intentionally wrongful act.

Question 39

Wrongful death statutes

Answer 39

Legislative enactments that govern wrongful death actions.