Negligence Flashcards
Negligence (Motion for SJ/DV)
Think Res Ipsa Loquitur–look for what can be inferred by the jury
Res Ipsa Loquitur
Creates an INFERENCE of negligence, if: 1) Accident would not normally occur unless negligence 2) D had Exclusive Control 3) P had no part to play in his injury
When the criminal activities of others may not be a superseding cause
A defendant will be liable for the criminal actions of a third party if they were a reasonably foreseeable result at the time of the defendant’s negligence, e.g., look out for environment prone to criminal activities
Motion for SJ
A motion for summary judgment should be granted if it appears from the record that there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law
Accident in a Store
The store has a duty to keep its aisles clean and safe, but it does not have a duty to do so
instantly upon any debris or hazard forming. Look out for whether the store had notice of the element that caused the injury
Duty of Common Carrier
For common carriers, including airlines, a special relationship exists P is owed a special duty of care by D. Specifically, the common carrier has a duty to furnish affirmative assistance to its passengers and not simply stand by while they are subject to a foreseeable danger that is caused by the conditions created by the common carrier
Fact specific: If a jurisdiction
prohibits P from recovering against D whose fault is less than or equal to that of the plaintiff
If P is 25% responsible and the 3Ds are also 25% responsible, P will not be able to recover any damages from any D
A bright 12-year-old
If there is a clear sign of danger warnings on a property and a bright 12-year-old reads it, understand that this is enough for the child to appreciate the magnitude of the risk
Wrongful birth action
A “wrongful birth” action where parents may recover economic
damages for the negligent failure to diagnose a hereditary or congenital condition and, had they known about it, they
would not have proceeded with a pregnancy. [But for]
Wrongful life action
A “wrongful life” action arises when a CHILD brings an action, claiming it would have been better to have never been
born, and she is therefore entitled to damages for life (rarely successful)
Medical malpractice
A medical malpractice suit is typically based on the injury suffered by a patient due to the doctor’s negligence
Causation (Proximate Cause)
TIME does not bar original D’s liability for future foreseeable accidents
