Negligence Flashcards
Duty
service provider has a responsibility to protect the participant from unreasonable risk or harm
Inherent Duty
a duty arises when one has an inherent relationship with another party Ex. parent and child
Voluntary Assumption
occasions when one has no duty, but voluntarily assumes such a duty ex. Good samaritan
Statutory Duty
specify duties of one party to another ex. Requiring by law to have ambulance and physician present at every high school football game
Breach of Duty
when a person’s conduct fails to meet an applicable standard of care
Inherent Risk
risks that are integral to the activity- if removed would alter the nature of the sport or activity ex. Softball player pulling a hamstring while running to the bases
Ordinary Negligence
negligent acts fall below the required standard of care and constitute a breach of duty to protect others from unreasonable risk of injury Ex. Girl suffered injury when she collided with an unpadded metal pole that supported a basketball backboard. The school district was found negligent because the school increased the risk by allowing students to play basketball around poles that they knew were dangerous
Standard of Care
determined by how a reasonable and prudent person would act under the circumstances
Single standard of care
there is only one standard of care for a given situation.
Proximate Cause
the breach of duty must have been the proximate cause (reason) the injury occurred
Damage
the physical damage to person or property or emotional damage
Damages
the compensation as a result of a tortious act
Negligence per se
negligence attached to acts that are deemed negligent without having to prove negligence or investigate the reasonableness of the conduct
