negligence Flashcards
statement of elements of a cause of action for negligence
the actor is liable for an invasion of an interest of another, if:
(a) the interest invaded is protected against unintentional invasion, and
(b) the conduct of the actor is negligent with respect to the other, or a class of persons within which he is included, and
(c) the actor’s conduct is a legal cause of the invasion, and
(d) the other has not so conducted himself as to disable himself from bringing an action for such invasion
negligence
a person acts negligently if the person does not exercise reasonable care under all the circumstances. Primary factors to consider in ascertaining whether the person’s conduct lacks reasonable care are the foreseeable likelihood that the person’s conduct will result in harm, the foreseeable severity of any harm that may ensue, and the burden of precautions to
eliminate or reduce the risk of harm.
Negligence conduct; act or failure to act
Negligent conduct may be either:
1) an act which the actor as a reasonable man should recognize as involving an unreasonable risk of causing an invasion
of an interest of another, or
2) a failure to do an act which is necessary for the protection or assistance of another and which the actor is under a duty
to do
(negligence) what actor is required to know
for the purpose of determining whether the actor should recognize that his conduct involves a risk, he is
required to know:
(a) the qualities and habits of human beings and animals and the qualities, characteristics, and capacities
of things and forces in so far as they are matters of common knowledge at the time and in the community; and
(b) the common law, legislative enactments, and general customs in so far as they are likely to affect the
conduct of the other or third persons.
(negligence)
physical and emotional harm, knowledge and skills
If an actor has skills or knowledge that exceed those possessed by most others, these skills or
knowledge are circumstances to be taken into account in determining whether the actor has behaved as a
reasonably careful person.
(negligence) emergency
1) In determining whether conduct is negligent toward another, the fact that the actor is confronted with a
sudden emergency which requires rapid decision is a factor in determining the reasonable character of his choice of action.
2) The fact that the actor is not negligent after the emergency has arisen does not preclude his liability for his tortious conduct which has produced the emergency
(negligence) physical disability
id the actor is ill or otherwise physically disabled, the standard of conduct to which he must conform to avoid being negligent is that of a reasonable man under like disability
(negligence) mental deficiency
unless the actor is a child, his insanity or other mental deficiency does not relive the actor from liability for conduct which does not conform to the standard of a reasonable man under like circumstances
(statutory violations) when standard of conduct defined by legislation or regulation will be adopted
The court may adopt as the standard of conduct of a reasonable man the requirements of a legislative enactment or an administrative regulation whose purpose is found to be exclusively or in part
a) to protect a class of persons which includes the one whose interest is invaded, and
b) to protect the particular interest which is invaded, and
c) to protect that interest against the kind of harm which has resulted, and
d) to protect that interest against the particular hazard from which the harm results.
(statutory violations)
when standard of conduct defined by legislation or regulation will not be adopted
the court will not adopt as the standard of conduct of a reasonable man the requirements of a legislative enactment or an
administrative regulation whose purpose is found to be exclusively
(a) …,
(b) …
(c) …
(d) to protect a class of persons other than the one whose interests are invaded, or
(e) to protect another interest than the one invaded, or
(f) to protect against other harm than that which has resulted, or
(g) to protect against any other hazards than that from which the harm has resulted
res ipsa loquitur
The factfinder may infer that the defendant has been negligent when the accident causing the plaintiff’s physical harm is a type of accident that ordinarily happens as a result of the negligence of a class of actors of which the defendant is the relevant member
