negligence

Question 1

negligence elements

Answer 1

duty
breach
causation
damages

Question 2

duty

Answer 2

is owed to all foreseeable persons who may be injured by my failure to exercise reasonable care

Question 3

failure to act?

Answer 3

generally no duty

Question 4

what does VA good samaritan law defense protect?

Answer 4

people who assume duty

giving emergency care w/o $ in good faith

emergency care to injured animal at scene

ambulance driver en route to emergency if they compel with warning lights and aren’t gross negligent

Question 5

when does affirmative duty to act apply?

Answer 5

assume duty
placing someone in peril
by authority

Question 6

how does VA handle negligent supervising

Answer 6

no duty for employers to supervise or train employee

only if they knew he was dangerous

Question 7

standard of care

Answer 7

reasonably prudent person

Question 8

standard of care for children

Answer 8

reasonable child with similar age and intelligence

Question 9

when is a kid irrebuttably presumed incapable of negligence

Answer 9

under 7

Question 10

when is a kid rebuttably presumed incapable of negligence

Answer 10

bw 7 and 14

Question 11

physician standard of care

Answer 11

statewide standards to general practitioners and specialists

but if local standard more appropriate use it

Question 12

common carriers

Answer 12

utmost care to protect

Question 13

innkeepers

Answer 13

reasonable care

Question 14

trespassers

Answer 14

no willful, reckless, or intentional misconduct

Question 15

known trespassers

Answer 15

duty to warn of concealed dangers

Question 16

VA replacement for attractive nuisance

Answer 16

hidden danger easily accessable

known to be frequented

Question 17

licensee

Answer 17

duty to warn of concealed dangers

no duty to inspect

Question 18

invitee

Answer 18

inspect
discover unreasonably dangerous conditions
protect

no duty for open and obvious dangers

Question 19

people not on property, injured by fallen tree

Answer 19

no duty to person not on premises harmed by natural condition

exception - trees in urban area

Question 20

people not on property, injured by artificial condition

Answer 20

duty of reasonable care

Question 21

causation

Answer 21

actual and proximate cause

Question 22

actual cause

Answer 22

but for cause

Question 23

what if but for cause fails?

Answer 23

multiple sufficient causes

each act if standing alone would have been a factual cause

Question 24

loss of chance of recovery doctrine

Answer 24

if physician destroyed any substantial chance P survved = proximate cause

Question 25

proximate cause

Answer 25

natural and proximate cause of act and foreseeable

Question 26

superceding cause

Answer 26

break chain of causation

must COMPLETELY supercede

Question 27

damages in med mal cases

Answer 27

statutory cap

Question 28

va collateral source

Answer 28

any pmt received by P from outside sources is NOT credited against the damages they can recover from D

EX: insurance

Question 29

vicarious liability

Answer 29

respondeat superior

employee acting within scope of employment

Question 30

what kind of employee acts are generally not a part of vicarious liability

Answer 30

intentional torts

EXCEPTION - bouncers (force inherent in employee work)

Question 31

vicarious liability and independent contractors?

Answer 31

no liability

IC = not subject to employer control