Negligence Flashcards
Duty to Aid
There is NO duty to aid a person facing a foreseeable risk of physical harm unless:
(a) the defendant’s conduct created that risk OR
(b) the defendant and that person share a special relationship
Duty to Unknown Trespasser
No duty of care owed
Duty to Known Trespasser
Duty to warn of known dangers
Duty to Licensee
Duty to warn of known dangers
Duty to Invitee
Duty to warn, inspect, and make safe
Negligence Per Se
(1) Violation of a statute
(2) Injured party is part of class the statute was trying to protect
(3) Injury was type the statute was trying to prevent
Res Ipsa Loquitur
Whatever occurred does not normally happen absent negligence AND the defendant is in exclusive control of the instrumentality
Effect of Res Ipsa Loquitur
Plaintiff has made a prima facie case of negligence and no directed verdict may be given for the defendant