Negligence Flashcards
What constitutes negligence?
When a person owes a duty of care to another, breaches that duty, and the breach causes damage.
When are damages not recoverable in a negligence claim?
If the harm suffered was not within the scope of the duty of care, damages are not recoverable.
What is the standard of care in negligence?
A duty to act with reasonable care, assessed objectively by considering the likelihood and seriousness of harm.
What special duties apply to skilled defendants and professionals?
They must act as a reasonably competent member of their profession would.
What are the components of causation in negligence?
1) Breach caused harm, 2) No new act intervened, 3) Harm was reasonably foreseeable (egg shell skull doctrine).
What is contributory negligence?
A partial defense where the claimant’s own negligence contributed to their injury.
What is voluntary assumption of risk?
A complete defense where the claimant knowingly and voluntarily assumes the risk of harm.
