Negligence Flashcards
Element of Negligence
- Duty
- Breach
- Actual Cause
- Proximate Cause
- Damages
What is general duty of care?
Defendant owes a duty of reasonable care (reasonably prudent person) to all foreseeable plaintiffs in the zone of harm.
What is the reasonably prudent person standard of care?
D must act as a reasonably prudent person would under the same circumstances with the same knowledge and capacity as an average person
⭐️ Objective standard
Who are foreseeable plaintiffs?
Presons who are in zone of danger (area where the person is reasonably at risk of suffering physical harm from defendant’s conduct)
What are the different standards of care?
Reasonable Prudent Person standard (RPP);
Standards imposed on children;
Standards imposed on physically disabled
Standard defined by statute;
Standard for professionals;
Standards for landowners;
Standard for common carriers & innkeepers and
Standard defined by industry custom
Standard for Emergencies
What is the standard of care for children?
Child must act as a child of similar age, experience, and intelligence would.
⭐️ More subjective than RPP standard.
⚠️ However, if the child is engaged in a high-risk activity that is usually undertaken by adults, they will be held to the same standard of care as an adult
Exception for adult activities
When are children held to the adult standard of care (RPP)?
When engaging in inherently dangerous adult activities (e.g. driving a car or motorcycle)
What is the standard of care for people with physical disabilities?
Must behave a reasonable person with similar disability
Is there a different standard for people based on mental characteristics?
No, d’s mental characteristics are irrelevant
What is the standard of care for emergencies?
Must behave as a reasonable person would if confronted with same emergency if they have to respond and there’s no time to reflect
Good Samaritan Rule
D who rescues another will not be liable for negligent harm, only for reckless or intentional harm.
What is the standard of care for professionals?
Must act the same as a professional with the same expertise & experience who is in good standing in a similar community
What is the standard of care for doctors?
Must act the same as a doctor in good standing would.
Some jurisdictions: compared to a doctor in good standing in the same geographic area
Some jurisdictions: compared to a doctor in good standing nationally
What is the standard of care for specialists?
National standard of care for that speciality
Do doctors have a duty to explain medical risks?
Yes, unless:
Commonly known risk;
Patient refuses;
Patient is incapacitated or incompetent; or
Disclosure would harm/injure patient
Is there an affirmative duty to intervene, rescue, or aid another?
A
No, unless:
D has a special relationship with P;
D creates a need for rescue; or
D undertakes the rescue and P relies on the rescue attempt
What is the duty of care for common carriers?
Common carrier- person or business that transports passengers or goods for a fee and establishes they are open to the public
Highest duty of care; liable for even the slightest negligence
What is the duty of care for innkeepers?
Third restatement approach: utmost standard of care (same as the common carrier standard)
Majority approach: only responsible for ordinary negligence
Define
Invitee
Either:
A business customer: someone invited on the land to confer an economic benefit on the land possessor; or
A public invitee: someone invited on land that is open to the public
What duty is owed to invitees?
Property owner must:
Inspect area where invitees have access;
For non-obvious, unknown dangers;
Warn the invitee of the dangers; and
Protect them from the dangers
⚠️ Note: Duty is non-delegable
What is non-delegable duty?
Duty that does not absolve D of liability when contracted out to a third party (i.e. D is still ultimately liable)
Define
licensee
Person who enters onto D’s land with D’s express or implied permission (e.g. friends, social guests, emergency personnel)
What duty is owed to licensees?
Property owner must:
Exercise reasonable care on the property;
Warn or correct concealed dangers;
That are known or should be known;
In areas where P has access as a licensee
⚠️ Note: No duty to inspect for dangers
What duty does a landlord owe to its tenants?
Reasonably inspect and keep safe all common areas; and
Warn tenants of hidden dangers
Is D’s duty to licensees non-delegable?
Yes
What duty is owed to foreseeable trespassers?
Property owner must correct or warn of dangerous, artifical conditions on land that could cause death or serious bodily harm
⚠️ There is no duty to warn about natural conditions
What duty is owed to unforeseeable trespassers?
None
