Negligence Flashcards
Negligence
- Duty
- Breach
- Causation - Actual and Proximate Cause
- Damages
- Duty
To whom do we owe a duty of care?
- All foreseeable victims : in the “zone of danger” from risk creating conduct - Cardoza
- Andrews minority view : to everyone
- Duty
How much care is owed?
- The standard of care is objectively the amount of care that would be given by an ordinary, reasonably prudent person in the circumstances.
Exceptions- adjust standard of care
- D has superior knowledge, training, skill education or awareness of a specific fact
- D’s specific disabilities- blind, deaf
- Children between 4-18
- Professionals
- Land Owners
Exceptions- Do not adjust standard of care
stupidity, mental illness, mental disability, amatuers engaged in activity for the first time
- Duty
Special Duty - Professionals
Professionals have a duty to use the amount of care that an average member of that profession practiing in a similar community would use
- Duty
Special Duty - Children
Duty to use the amount of care that a reasonably prudent child of the same age, experience and intelligence would use
However, if child is engaged in an adult activity, the child must use the amount of care that a reasonably prudent adult uder the circumstances would use (anything with a motor)
2 different types of risk on land that divies owner’s duties
- ACTIVITIES on the land
- CONDITIONS on the land
3 classes of entrants
- Trespassers
- Licensees
- Invitees
Invitees - 2 types & Duty
- Individuals entering the land WITH PERMISSION, for COMMERCIAL PURPOSES
- members of the PUBLIC, entering LAND OPEN TO THE PUBLIC
Duty:
Activitiy - RPP to safeguard invitees
_Dangerous Natural/ Artificial Conditio_n - Duty to fix/ warn (1) known or could have discovered; (2) concealed dangerous conditions
(+) duty to reasonably inpect
Who are Licensees
What is the Duty?
Individuals who enter land with permission BUT NOT FOR ECONOMIC BENEFIT:
-Social guest, solicitor, girl scout, jehovahs witness
Duty:
Activity- Rpp to safeguard
Dangerous Natural/ Artificial Condition- Duty to repair/ warn against actually known which are concealed to licensee
Trespassers
Undiscovered - no duty
Discovered/ Anticipated- landowners owe a duty to protect against KNOWN, MANMADE DEATHTRAPS which are concealed to the discovered/anticipated trespassers
Child Trespasser
- Children are deemed to be “discovered or anticipated” trespassers when landowners place “attractive nuisance” conditions on their land.
- How well can kids understand any warnings the landowner has put up- appreciate risk?
- Deciding factor is the foreseeability of harm to a child
Attractive Nuisance
- Artificial condition on land
- For which burden of precautions and utility are OUTWEIGHED BY danger to kids.
- Owner should be aware that condition is
- Attractive to kids and
- Poses an unreasonable risk of death or SBI to kids.
