Negligence Flashcards
Applicable to Standard of Care/Foreseeable Plaintiffs
Defendant owes a duty of care to all foreseeable plaintiffs. [Note: A rescuer is a foreseeable plaintiff as long as the rescue is not wanton.]
Applicable to Standard of Care/Peril
Defendant must not put himself or a third person in peril.
Applicable to Standard of Care/Reasonable Person
Defendant’s conduct is measured against the reasonable, ordinary, prudent person. He must act as a person with the same physical characteristics, average mental abilities, and same knowledge as an average member in the community.
Applicable to Standard of Care/Lack of Knowledge
Lack of knowledge is not taken into account when determining the standard of care for negligence.
Applicable to Standard of Care/Children
Defendant’s conduct is measured against a child of like age, education, intelligence, and experience. - [AIEE]
Applicable to Standard of Care/Children Below Age
A child below the age of four has no capacity to be negligent.
Applicable to Standard of Care/Children Engage in Adult Activity
When a child engages in adult activities, his conduct is measured against the same standard as an adult engaging the activity.
Applicable to Standard of Care/Discovery or Anticipated Trespassers
Landowner owes a duty of care to anticipated/discovered trespassers. He must warn the trespasser of known artificial dangerous conditions or make known artificial conditions safe. There is no duty for natural conditions.
Applicable to Standard of Care/Children Trespassers
Landowner owes a duty of care to children trespassers. He must reasonably eliminate artificial conditions if the conditions are dangerous and likely to cause injury, he knows or should know children frequent the vicinity of the dangerous condition, and the expense of remedying the condition is slight compared to the risk.
Applicable to Standard of Care/ Dangerous Conditions Define
Dangerous conditions are likely to cause death or serious bodily harm.
Applicable to Standard of Care/Licensee Define
A licensee is a person who is privileged to enter property with owner’s permission, but the privilege may be invoked anytime [by the licensor]. Social guests, relatives, and friends are licensees.
Applicable to Standard of Care/Duty to Licensee for Dangerous Condition
Landowner owes a duty of care to licensees. He must warn the licensee of known dangerous conditions that the licensee is unlikely to reasonably discover. There is no duty to inspect or repair.
Applicable to Standard of Care/Duty to Licensee Tenant Fail to Warn
If tenant fails to warn licensee of known dangerous conditions that the licensee is unlikely to reasonably discover, he is liable regardless of landlord’s obligation to inspect or repair.
Applicable to Standard of Care/Duty to Licensee Activities on Property
Landowner owes a duty of care to licensees. He must exercise reasonable care in activities carried out on the property.
Applicable to Standard of Care/Negligence Per Se
At times, the defendant’s conduct is measured against a statute, plaintiff must show she is in the class intended to be protected by the statute, the statute was designed to prevent the harm that plaintiff suffered, and the statute clearly specifies what is required.
