Negligence Flashcards

1
Q

Duty to Aid

A

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

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2
Q

Duty to Unknown Trespasser

A

No duty of care owed

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3
Q

Duty to Known Trespasser

A

Duty to warn of known dangers

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4
Q

Duty to Licensee

A

Duty to warn of known dangers

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5
Q

Duty to Invitee

A

Duty to warn, inspect, and make safe

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6
Q

Negligence Per Se

A

(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

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7
Q

Res Ipsa Loquitur

A

Whatever occurred does not normally happen absent negligence AND the defendant is in exclusive control of the instrumentality

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8
Q

Effect of Res Ipsa Loquitur

A

Plaintiff has made a prima facie case of negligence and no directed verdict may be given for the defendant

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