Negligence

Question 1

Rear-End Collisions

Answer 1

Presumption: Person who collides from the rear is at-fault
- establishes duty, breach, and cause

*still have to prove damages

Question 2

Good Samaritan Statute - NON-Emergency / Medical Facility

Answer 2

Outside of hospital / med. facility = ordinary reasonably prudent person standard

Question 3

Good Samaritan Statute - Emergency / Medical Facilities

Answer 3

Inside of hospitals / ERS = reckless standard
- higher burden to prove (more protection for medical personnel)

Question 4

Negligence Per Se

Answer 4

Violation of a statute that is designed to protect a certain class of people from a particular type of harm

Question 5

Non-Traffic Statute

Answer 5

CAN use negligence per se

don’t have to establish duty & breach

Question 5

Traffic Statute

Answer 5

CANNOT use negligence per se

Instead: prima facie evidence of negligence
- have to establish all elements but use statute to show what the duty was