negligence Flashcards
negligence elements
duty
breach
causation
damages
duty
is owed to all foreseeable persons who may be injured by my failure to exercise reasonable care
failure to act?
generally no duty
what does VA good samaritan law defense protect?
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
when does affirmative duty to act apply?
assume duty
placing someone in peril
by authority
how does VA handle negligent supervising
no duty for employers to supervise or train employee
only if they knew he was dangerous
standard of care
reasonably prudent person
standard of care for children
reasonable child with similar age and intelligence
when is a kid irrebuttably presumed incapable of negligence
under 7
when is a kid rebuttably presumed incapable of negligence
bw 7 and 14
physician standard of care
statewide standards to general practitioners and specialists
but if local standard more appropriate use it
common carriers
utmost care to protect
innkeepers
reasonable care
trespassers
no willful, reckless, or intentional misconduct
known trespassers
duty to warn of concealed dangers
VA replacement for attractive nuisance
hidden danger easily accessable
known to be frequented
licensee
duty to warn of concealed dangers
no duty to inspect
invitee
inspect
discover unreasonably dangerous conditions
protect
no duty for open and obvious dangers
people not on property, injured by fallen tree
no duty to person not on premises harmed by natural condition
exception - trees in urban area
people not on property, injured by artificial condition
duty of reasonable care
causation
actual and proximate cause
actual cause
but for cause
what if but for cause fails?
multiple sufficient causes
each act if standing alone would have been a factual cause
loss of chance of recovery doctrine
if physician destroyed any substantial chance P survved = proximate cause
proximate cause
natural and proximate cause of act and foreseeable
superceding cause
break chain of causation
must COMPLETELY supercede
damages in med mal cases
statutory cap
va collateral source
any pmt received by P from outside sources is NOT credited against the damages they can recover from D
EX: insurance
vicarious liability
respondeat superior
employee acting within scope of employment
what kind of employee acts are generally not a part of vicarious liability
intentional torts
EXCEPTION - bouncers (force inherent in employee work)
vicarious liability and independent contractors?
no liability
IC = not subject to employer control
