Negligence

Question 1

What is the attractive nuisance doctrine?

Answer 1

Gives land possessors the duty to protect child trespassers from artificial conditions on land.

Question 2

What artificial conditions on land apply to the attractive nuisance doctrine?

Answer 2

The condition exists where land possessor knows or should know children are likely to trespass, land possessor knows or should know condition poses unreasonable risk of death or serious bodily harm to children, children of trespasser’s age cannot reasonably discovery or appreciate risk and risk outweighs condition’s utility and the burden of eliminating the risk.

Question 3

When is an employer vicariously liable for the acts of their employee?

Answer 3

Uner t

Question 4

What is the doctrine of respondeat superior?

Answer 4

An employer is vicariously liable when the employee’s conduct is inherent in the employment position or furthers the employer’s business.

Question 5

What is the professional standard of care in malpractice cases?

Answer 5

Professionals must demonstrate the same knowledge, skill and care as a normal member of the profession in a similar community.

Question 6

What the professional standard of care for medical malpractice cases?

Answer 6

Any professional’s conduct who fell below the national standard of care and causes the plaintiff physical harm is liable for malpractice.