Negligence Flashcards
Negligence
Duty
Breach
Causation
Damages
Duty
Reasonably prudent person
Objective
Proof of custom
emergency duty
Disabled duty
child duty in adult activities
Insane duties
Professional duty
Pro duty
national industry standard of care
Locality for attorney
Knowledge, judgment, care
Medical malpractice: failure to inform material risk, not agree to treatment with knowledge, bad stuff happened
Negligence per se
Statute
Violation
Class of protection
injury
Excuse because of:
Incapacity (I)
Knowledge (K)
Emergency (E)
Greater Harm with compliance (H)
Unable after reasonable care to comply (U)
Constructive notice:
D must know about state
length of time passes
they should have known
Res Ipsa Loquiter
Don’t know what happened, but it doesn’t usually happen, and someone had to be negligent for this to happen
Control (C)
Not ordinary (O)
Not because of voluntary action (V)
Owners and occupiers of land
Inspection ends when burden >risk
Foreseeable risks
No duty to trespasser when you aren’t aware
Social guest = licensee
Shoppers/there for personal = invitee
Breach
Burden < Probability x Injury (Hand)
Causation In-fact (actual cause)
but-for
Concurrent (several causes that add up)
Substantial factor (several causes, one act could’ve done it, unknown)
alternative causes (one person caused injury, but no idea who)
Proximate cause (legal cause)
foreseeable result of conduct not brought about by E or U events
Intervening cause
force that contributes to negligence in P injury
Supercedeing cause
severs liability if FUE (Foreseeable, Unexpected, Extraordinary)
Rescue Doctrine
Rescuer can sue cause of danger.
Care
Imminent
Negligence
Appearance
Dram Shop
Third parties liable for intoxicated negligence
Negligence to progeny
Only in untero
Joint tortfeasors
all may be liable
