Negligence Flashcards
Tort law
Civil wrong
Negligence
4 principles of negligence
Duty
Breach
Proximate cause
Damages
Pilot (standard of care -duty)
Held to standard of average pilot of ordinary skill, ability & knowledge
Airline (standard of care)
Held to 121
Negligence
Acting/ failing to act which causes personal injury or property damage
Preponderance
Burden of proof
>50%
Burden - plaintiff
Trying to prove a point
(No beyond a reasonable doubt)
Comparative negligence
Revised for fairness
Stare decisis
What came before
Proximate cause
Immediate cause (without accident wouldn’t have happened)
Who does negligence apply to?
FBOs
Premise of liability
You are responsible for what happens on your property
(Slip and fall claims)
Affirmative defenses
-sudden emergency
-open & obvious
-notice of knowledge
Invitee
Required to fix
Notice of knowledge
Duty to inspect by letting someone know or warn them to fix it