Negligence Flashcards
Three types of negligence?
Old fashion
Res iPsa
Per se
Old fashioned negligence
Duty, breech, causation, damages
Duty owed to everyone?
Reasonably prudent person to forseeable plaintiffs
Duties owed to people who enter your property?
- Unknown tresspasser
- Known trespasser
- Liscencee
- Invitee
Unknown trespasser?
No duty, but cant do anything willfully and wantonly
known trespasser
duty to want of known dangers
Invitee
business setting.
duty to earn of dangers, inspect, and make safe
Duty of a parent to control their child?
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.
Duty to come to others rescue?
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.
Duty for kids?
Act like other children of the same age and experience
Professional?
act like other professionals with same standard of care
Breech?
Didn’t follow duty of care
Causation?
Two types.
Actual and proximate.
actual cause?
But for the defendants action, nothing bad would have happened.
Proximate cause?
Injury was a foreseeable result of D action
Subsequent negligent acts?
Intervening and superseding
Intervening cause?
foreseeable, liable for al of it.
Pretty much anything
Superseding cause
act of god
intentional toe
crime
or anything else the fact pattern tells you was unforeseeable
damages
some sort of physical harm is necessary
Negligence per se?
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
Res ipsa
- Elements
1. Whatever occurred usually does not occur absent negligence2. and the defendant was in conclusive control
- All about inferring negligence
1. All it does is infer negligence - Someone will make a motion
1. Can they infer negligence?
Attractive nuisance
- artificial condition on an owners land causing kids to trespass
- when will they be liable?
- If the owner knew or should have known that kids trespass
- condition poses unreasonable risk of harm
- because of age or maturity kids don’t appreciate the risk
- utility of maintenance is slight compared to risk
- owner fails to make it safe
- when will they be liable?
Default defense to negligence?
- pure comparative negligence
1. if plaintiff is negligent they will still recover but damages reduced by % of fault
Modified or modern contributive negligence
- plaintiff will still recover, but if they’re 50.1% responsible they are cut off
Contributory negligence
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
assumption of the risk defense to negligence
Must have knowledge of and appreciate the danger and do it any way
1. NEVER pick this unless they are asking about it
Joint and several liability
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
Vicarious liability
Employer is responsible for negligence of employees so long as they acted within scope of employment
1. Not liable for intentional torts of employee
Indépendant contractor?
- 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.
Contribution vs indeminfication
- Contribution
1. can seek contribution from co-Ds if you both did something wrong- Indemnification
- I didnt do anything wrong but had to pay(vicious liability usually)
- come after guy who did it
- Indemnification
Lisencee
Duty to warn of hidden dangers which the land owner is or should be aware of
