Liability Test Flashcards
Civil Law Private
Body of law that allows one individual to take legal action against another individual to recover for damages for that person’s rights and entitlements
Examples of Civil Law
Tort of Negligence
Breach of Contract
Defamation
Object of Civil Law
Compensation
Source of Civil Law
Statutes, case law and regulations
Burden of Proof from Civil Law
Preponderance of the evidence
Clear and convincing evidence
Tort
Civil wrong which arises from the violation of a legal right that isn’t created by contact.
Violation of the private legal right other than a breach of contract which gives rise to a civil action for damages
Act or omission which unlawfully violates a person’s right create by the law and for which the appropriate remedy is action law for damage by the injured party.
Intentional Tort
Any intentional act that is reasonably foreseeable to cause harm to an individual and does so
The intent to harm another must be deliberate for an intentional tort to exist, involve and overt act, and causation.
Strict Liability
responsibility imposed on a party by virtue of a statute or case law, in the absence of intentional or negligence conduct
*inherently dangerous
to discourage reckless behavior, the law forces defendants to take every possible precaution
“*parents sign an acknowledgement that allows a child to get a temporary drivers license
Negligence
failure to use due care by one person to another that a reasonable prudent person would exercise under the same circumstances
duty, breach of duty, proximate causation, damages
Duty
Someone must either do or no do something
*driver has a duty to stop at a red light
Breach of Duty
Violation or omission of a duty
*driver runs a red light
Damages
Injury or loss of value
Negligence
“Failure to use ordinary care”
*Someone does not exercise the amount of care that a reasonably careful person would use
*Someone does something that a reasonable careful would not do
…that causes injury or damage
For someone to recover for injury or damages caused by an insured
the insured must be negligent
determined through a detailed analysis of the facts of what happened in the accident
Measuring stick for a Prudent Person
“Due Care”
The reasonably prudent person is also a personification of an ideal of a reasonable behavior in every circumstance.
*Slowing to below the speed limit when there is inclement weather.
Elements a claimant must prove totally to determine the liability for negligence.
Duty- Plaintiff was owed a duty.
Proximate Cause- There was proximate cause to show the breach caused the direct damage
Damages- The plaintiff suffered as a result of the breach.
Breach- the was a breach of that duty.
What the claimant can use to show a loss as been caused by the insured
- property damage
- medical bills
- emotional distress
Negligence Statues
5 doctrines that states employ as the standard for applying recovery
Negligence Defenses
Assumption of Risk- claimant voluntarily and knowingly assume the risk of the conduct
Last Clear Chance
Act of God or Nature
Sudden Emergency Doctrine
Duties of a Motorist
Obey Traffic Signs
Be a Fit Driver
Keep Vehicle Under Control *visibility *opportunity
Maintain a Safe Vehicle
Keep a proper look out for others
Examples of considerations used to evaluate general duties
Control of Intersection
*Speed at time of entry into intersection
Was driver stopped; reason driver was stopped (e.g., waiting for pedestrians, waiting to make left turns)
Drivers anticipating green light (e.g., ‘jumping the gun’)
Signaling by other drivers (e.g., ‘waving on’)
Rolling stops
Evidence/Facts of the Accident
*Points of impact
-Both parties and any witnesses
Driver Behavior
Driver inattention
Use of cell phone
Distractions (internal or external)
Anticipation of likely events given the location and circumstances (Examples: Children in school zones, deer in rural areas)
Misjudged visual cues (Examples: Distances, speed, turning ratios of other vehicles)
Seeing and acting on other drivers’ signals
Not seeing visible unobstructed cars/objects
Checking mirrors and blind spots
Auditory signals (Examples: Radio too loud to hear sirens or other warnings, wearing headset)
If backing, driver was looking backwards or backing using mirrors
Joint Liability
Each negligent party is responsible to pay the full amount of the total damages. Claimant can decide who to collect from
Several Liability
Each negligent party is only liable to pay damages that reflect their percentage of negligence
Joint and Several Liability
Each negligent party is responsible for the entire amount of damages being pursued by the claimant, regardless of the individual share of damages actually caused by each.
Traffic Violations
Criminal Court, Proven beyond a reasonable doubt
