Negligence Flashcards
Negligence Elements
Duty
Breach
Causation (Actual/Proximate)
Damages
Gen Duty of Care Owed
duty of reasonable care (i.e. like a reasonably prudent person) to all foreseeable plaintiffs in the zone of harm
Who are foreseeable plaintiffs?
Persons who are in the zone of danger (area where the person is reasonably at risk of suffering physical harm from D’s conduct)
Different Stds of Care
- Reasonably Prudent Person
- Stds imposed on children
- by statute
- by industry custom
- for professionals
- for landowners
- for common carriers & innkeepers
Reasonably Prudent Person std of care
D must act as a reasonably prudent person would under the same circumstances with the same knowledge and capacity as an average person
*This is an objective std
What is the standard of care for children?
Child must act as a child of similar age, experience, and intelligence would in similar circumstances.
*More subjective than RPP std
When are children held to the adult standard of care?
When engaging in inherently dangerous adult activities (e.g. driving a car or motorcycle)
What is the std of care for professionals?
Must act the same as a professional who is in good standing in a similar community
What is the std of for doctors?
Must act the same as an avg doctor in good standing would.
Some jurisdictions: compared to an average doctor in same geographic area
Some jurisdictions: compared to an average doctor nationally
