Negligence

Question 1

Three types of negligence?

Answer 1

Old fashion
Res iPsa
Per se

Question 2

Old fashioned negligence

Answer 2

Duty, breech, causation, damages

Question 3

Duty owed to everyone?

Answer 3

Reasonably prudent person to forseeable plaintiffs

Question 4

Duties owed to people who enter your property?

Answer 4

1. Unknown tresspasser
2. Known trespasser
3. Liscencee
4. Invitee

Question 5

Unknown trespasser?

Answer 5

No duty, but cant do anything willfully and wantonly

Question 6

known trespasser

Answer 6

duty to want of known dangers

Question 7

Invitee

Answer 7

business setting.

duty to earn of dangers, inspect, and make safe

Question 8

Duty of a parent to control their child?

Answer 8

Two kinds of kids. Good kid, devil kid. If the parent knows or should know they have a devil kid they have a duty of reasonable care.

Question 9

Duty to come to others rescue?

Answer 9

No duty to rescue someone, unless you come to their aid. Then you owe them reasonable care.

OR

If there is a special relationship involved. common carriers, teacher-student, employer-employee, hotel-guest.

Question 10

Duty for kids?

Answer 10

Act like other children of the same age and experience

Question 11

Professional?

Answer 11

act like other professionals with same standard of care

Question 12

Breech?

Answer 12

Didn’t follow duty of care

Question 13

Causation?

Answer 13

Two types.

Actual and proximate.

Question 14

actual cause?

Answer 14

But for the defendants action, nothing bad would have happened.

Question 15

Proximate cause?

Answer 15

Injury was a foreseeable result of D action

Question 16

Subsequent negligent acts?

Answer 16

Intervening and superseding

Question 17

Intervening cause?

Answer 17

foreseeable, liable for al of it.

Pretty much anything

Question 18

Superseding cause

Answer 18

act of god
intentional toe
crime
or anything else the fact pattern tells you was unforeseeable

Question 19

damages

Answer 19

some sort of physical harm is necessary

Question 20

Negligence per se?

Answer 20

Violation of statute

person injured was the class of people were are trying to protect

injury was the kind of injury we are trying to prevent

Question 21

Res ipsa

Answer 21

1. Elements
   1. Whatever occurred usually does not occur absent negligence

    2. and the defendant was in conclusive control 

2. All about inferring negligence
   1. All it does is infer negligence
3. Someone will make a motion
   1. Can they infer negligence?

Question 22

Attractive nuisance

Answer 22

1. artificial condition on an owners land causing kids to trespass
   2. when will they be liable?
      
      1. If the owner knew or should have known that kids trespass
      2. condition poses unreasonable risk of harm
      3. because of age or maturity kids don’t appreciate the risk
      4. utility of maintenance is slight compared to risk
      5. owner fails to make it safe

Question 23

Default defense to negligence?

Answer 23

1. pure comparative negligence
   1. if plaintiff is negligent they will still recover but damages reduced by % of fault

Question 24

Modified or modern contributive negligence

Answer 24

1. plaintiff will still recover, but if they’re 50.1% responsible they are cut off

Question 25

Contributory negligence

Answer 25

1% responsibility you get cut off

        1. Last clear chance 
            1. If D had the last clear chance to avoid injury, and didn’t, P can recover

Question 26

assumption of the risk defense to negligence

Answer 26

Must have knowledge of and appreciate the danger and do it any way

            1. NEVER pick this unless they are asking about it

Question 27

Joint and several liability

Answer 27

Two or more defendants causing an injury, but we dont know who did what

D can choose to get all damages from both or either for whole amount

Question 28

Vicarious liability

Answer 28

Employer is responsible for negligence of employees so long as they acted within scope of employment

1. Not liable for intentional torts of employee

Question 29

Indépendant contractor?

Answer 29

1. Employer is generally not liable for independent contractor except
   1. abnormally dangerous
   2. Non-delegable duty
   1. work done for the benefit or safety of the public at large
   2. ex: side walks, mopping floor, etc.

Question 30

Contribution vs indeminfication

Answer 30

1. Contribution
   1. can seek contribution from co-Ds if you both did something wrong
   
   2. Indemnification
      
      1. I didnt do anything wrong but had to pay(vicious liability usually)
      2. come after guy who did it

Question 31

Lisencee

Answer 31

Duty to warn of hidden dangers which the land owner is or should be aware of