Negligence

Question 1

Prenatal complications, can recover for what?

Answer 1

For wrongful birth, wrongful pregnancy but NOT wrongful life (so can recover for pain/suffering from pregnancy and birth only)

Question 2

Bailor/Bailee standard of care, warnings bailor must provide

Answer 2

If for Bailor’s benefit only, Bailee has low standard of care, For Bailee’s benefit only, has high standard of care, if for mutual benefit, ordinary care standard. Bailor must warn of known or should known issues.

Question 3

Owners/Occupiers of land duty to trespassers

Answer 3

Trespassers: discovered/anticipated trespassers: 1) warn/make safe concealed, unsafe, artificial conditions known to landowner involving risk of death/serious bodily harm, NO DUTY FOR NATURAL CONDITIONS

Question 4

Owners/Occupiers of land duty to licensee

Answer 4

Licensee=guests at your house. 1) must warn/make safe dangerous conditions known to owner to create unreasonable risk of harm and licensee is unlikely to discover 2) exercise reasonable care in conduct of active operations (no duty to inspect)

Question 5

Owners/Occupiers of land duty to Invitees

Answer 5

People coming to your shop to buy (held open to the public) 1)Landowner must warn/make safe dangerous known conditions, 2) reasonable care in active operations, 3) duty to inspect

Question 6

Attractive Nuisance Doctrine:

Answer 6

1) dangerous condition owner knows/should know of 2) owner knows children frequent vicinity of condition 3) condition likely to cause injury b/c of kid’s inability to appreciate risk 4) expense of remedy is slight compared with magnitude of risk (all 4 must be met, child does not have to be attracted onto land by the condition)

Question 7

Negligent infliction of emotional distress

Bystander case

Answer 7

1) P in zone of physical danger 2) subsequent physical manifestation of distress
Bystander: 1) close relative 2) seen as it happens (most states still require physical symptoms, modern trend has dropped this requirement

Question 8

affirmative duty to act:

Answer 8

Special relationship (parent-child, innkeepers, shopkeepers)

Question 9

“Breach of duty” analysis in essay: write:

Answer 9

Where D’s conduct falls short of that level required by applicable standard of care owed to P, she has breached her duty.

Question 10

Res ipsa loquitur

Answer 10

Establishes prima facie case of breach. 1) accident causing injury is type that wouldn’t occur unless someone was negligent, 2) negligence is attributable to D (this accident happens because of negligence of someone in D’s position). Usually by showing D controlled instrumentality of harm.

Question 11

Negligence defenses:

Answer 11

Contributory negligence, Assumption of Risk, Comparative negligence

Question 12

Absolute Comparative Negligence

Modified Comparative Negligence

Answer 12

If P is over 50% at fault, no recovery

If P is over 50% at fault, can still recover