negligence

Question 1

negligence

Answer 1

failure to exercise a reasonable amount of care in either doing or not doing something, resulting in harm or injury to another person

Question 2

elements of negligence

Answer 2

duty
breach
causation
damages

Question 3

duty

Answer 3

conduct violated that duty

Question 4

breach

Answer 4

defendant failed to act in a reasonably prudent manner and breached their duty

Question 5

causation

Answer 5

defendant’s conduct caused the harm and the harm was foreseeable

Question 6

damages

Answer 6

plaintiff suffered actual injuries or losses

Question 7

reasonable person standard

Answer 7

objective standard measuring a person’s conduct against what the average person would do

Question 8

standard of care

Answer 8

the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would exercise

Question 9

forseeable

Answer 9

predictable

Question 10

preponderance of the evidence

Answer 10

burden of proof used in civil cases

Question 11

liability

Question 12

negligence defenses

Answer 12

comparative negligence
contributory negligence
assumption of the risk
ohio law

Question 13

comparative negligence

Answer 13

dividing loss according to degree to which each person is at fault

Question 14

contributory negligence

Answer 14

plaintiff’s own negligence contributed to harm suffered

Question 15

assumption of the risk

Answer 15

person voluntarily encounters a known danger and accepts risk

Question 16

types of damages

Answer 16

compensatory
nominal
punitive

Question 17

compensatory damages

Answer 17

repayment for the harm caused by the defendant

Question 18

nominal damages

Answer 18

token amount of money to sow the claim was justified, but not harsh

Question 19

punitive damages

Answer 19

heavy repayment meant to serve as a deterrent to other malicious actors