Negligence Flashcards
1
Q
What are the elements of Negligence
7
A
a. Duty – Does the law impose legal obligation between the π& ∆
b. Standard of Care: the measure of the duty owed
c. Breach of Duty: the failure to meet the standard of care
d. Cause in Fact – Connects the defendant’s breach to the π’s injury
e. Proximate Cause - Are there still policy reasons to cut off liability even with the other elements established?
f. Damages – Plaintiff must prove damages to recover for negligence
g. Defenses
2
Q
What is the general rule for duty element of negligence?
A
When a defendant is engaged in affirmative, risk creating conduct causing personal injury or property damage –> a duty is owed to any foreseeable plaintiff
3
Q
Duty is a significant issue where there is:
4
A
(1) Unforeseeable plaintiff
(2) Nonfeasance or failure to act
(3) Harm other than personal injury or property damage
(4) Defendant is a land possessor, landlord, utility or governmental entity
4
Q
Duty of ∆ when there is an unforeseeable plaintiff?
A
None — A duty is only owed to foreseeable plaintiffs
5
Q
Foreseeable plaintiffs are those
A
Who you can foresee being injured based upon the nature of the ∆’s negligent acts
6
Q
A duty is only owed to?
A
Foreseeable π’s based upon the nature of the ∆’s Negligent Acts
7
Q
Duty to non-professional rescuers (even when not foreseeable)
A
They are found to be per se foreseeable plaintiffs and are thus owed a duty as a matter of policy
8
Q
Nonfeasance is:
A
The failure to intervene to confer a benefit upon another
9
Q
Misfeasance is:
A
Affirmative risk creating conduct; or,
A negligent omission
(e.g. failing to stop at a stopsign)
10
Q
What is the obligation to intervene, rescue, or aid another?
A
There is no duty to rescue, aid, control, or protect.
11
Q
When does the duty to rescue or aid occur?
4
A
- When ∆’s tort creates need for rescue;
- If a person chooses to undertake the rescue, then they have a duty to do so reasonably or not leave them worse off;
- ∆ creates reliance
- There is a special relationship of dependence or mutual dependence
12
Q
When ∆ creates a duty by undertaking a rescue act, ∆ is liable when
(2)
A
a) Some jurisdictions say you are only liable if you leave the defendant in a worse position.
b) Good Samaritan statutes – Those who rescue others will not be liable for their negligence in bring about rescue –> only liable if reckless or intentional
13
Q
When does ∆ create a reliance to rescue or aid occur that gives rise to a duty?
A
When π reasonably relies on the assurances of ∆for rescue
14
Q
When does ∆ have a special relationship to rescue or aid occur that gives rise to a duty?
A
- Parent and child
- Common carrier/passenger
- Innkeeper/guest.
- Captain/passenger or seaman.
- Shopkeeper-customer
15
Q
What is the default duty to control/warn third parties?
A
There is no duty to control the conduct of a third person as to prevent him from causing physical harm to another.
16
Q
When is there a duty to control/warn third parties?
2
A
When ∆ should know of the dangerousness of a third party and
{
1) [∆Controls Injuring Party] A special relationship exists between the actor and the third person that imposes a duty upon the actor to control the third party’s conduct
or
2) A special relationship exists between the actor and the injured person that gives the other person
}
17
Q
What is the liability of a provider of alcohol?
A
Generally, provider of alcohol is not responsible for acts of recipient.
18
Q
What is the exception to alcohol provider liability
A
Dram Shop Acts
19
Q
What are Dram Shop Acts?
A
Impose liability on certain ∆’s such as commercial establishments for providing alcohol to a patron they
Know or should know is intoxicated.
20
Q
When do dram shop acts apply?
A
When a statute specifically stipulates it applies
21
Q
When does negligent entrustment arise?
A
A duty is owed to any foreseeable plaintiff
When ∆ gives something dangerous \+ to someone the ∆ knows or should know \+ Is incapable of handling
22
Q
Default duty to protect
A
One generally does not have a duty to protect from third party criminal conduct.
23
Q
When does the duty to protect arise?
A
Special relationship
(such as a landlord/tenant, business/invitee, common carriers).
+
Third Party conduct High level of foreseeability (a prior similar incident)
24
Q
When ∆ is a governmental entity, ask what to examine duty owed?
(3)
A
Gov’t act is
- Discretionary?
- Proprietary?
- Ministerial
25
When is the government acting in a proprietary function?
What is the duty of government?
(1) Acting in an area traditionally occupied by private entities
(2) The government will be treated as any other defendant for the purposes of duty
26
When is the government acting in a discretionary function?
What is the duty of government?
Discretionary activity:
(1) Where the governmental entity is using
a. judgment,
b. discretion, or,
c. allocating resources
(2) The courts: will not find a duty
27
When is the government acting in a ministerial function?
What is the duty of government?
(1) There is no discretion in the act --> performance of decisions
(2)Courts will find a duty;
once the governmental entity has undertaken to act
+
allocated the resources
--> It must act non-negligently
28
What is the liability of an emergency department for inadequate response?
When a government agency (e.g., police, fire department) is sued for failing to provide an adequate response, courts will find no duty.
29
When will liability be imposed upon an emergency department for inadequate response?
(2)
1) There is a special relationship between the plaintiff and the agency that creates reliance in the plaintiff
2) The agency has increased the danger beyond what would otherwise exist.
30
When ∆ is a utility company, what is the duty?
The duty is that of parties who are in privity of contract
+
Are injured on the premises where the contract applies
31
If the plaintiff’s injury is not primarily personal injury or property damage, when do duty issues arise.
1. Emotional Distress
| 2. Bystander Actions
32
what are the special rules for emotional distress?
Courts have traditionally been reluctant to allow liability for emotional distress because of the fear of fake claims and excessive liability; therefore special rules apply for emotional distress
33
When does emotional distress occur?
When emotional distress is the first injury suffered by the π.
34
When does direct emotional distress occur?
```
Defendant engages in negligent conduct and as a result, the
+
plaintiff suffers emotional distress
+
Leads to a physical manifestation
```
35
To recover for direct emotional distress the plaintiff must:
In most jurisdictions, to recover for emotional distress the plaintiff must:
1) have been in a "zone of danger"
+
2) have suffered some accompanying physical manifestation of the emotional distress
36
What is the zone of danger?
An area where the π was at risk of suffering physical harm {a near miss}
The π must be actually at risk
37
What are the exceptions to recovery for direct emotional distress?
a) If defendant negligently transmits a telegram announcing the death of a loved one; and
b) If defendant negligently mishandles a corpse.
They are owed a duty without being in the "zone of danger" or having to suffer an accompanying physical manifestation
38
When can Bystander Actions be brought?
Majority Rule
Majority: When the π was in the zone of danger
39
What is at issue in a bystander action?
The physical harm occurs to a loved one (a close relative)
| and the bystander is suing for witnessing the physical harm
40
When can Bystander Actions be brought?
Minority Rule Rule
(1) was located near the scene of an accident;
(2) suffered severe emotional distress; and
(3) had a close relationship with the victim.
41
Wrongful conception applies where the injury is?
| Damages?
The birth of a healthy but unwanted child
(e.g. went to be sterilized but it did not take)
Damages = The birth related expenses + cost of another procedure
42
Wrongful birth applies when?
The birth of an unhealthy child
+
The physician’s failure to diagnose a disability in the fetus, which plaintiff claims would have led her to not give birth to the child.
Damages: Some courts will award the extraordinary costs of having a child with special needs, but the jury may offset this award by the benefit obtained from having the child.
43
When a child is born unhealthy based on doctors negligence?
The baby can recover against the doctor, no special rule.
44
Wrongful life is recoverable when?
It is not recoverable
45
Land possessor liability for plaintiffs on the land; categories?
1. Invitees
2. Licensees
3. Trespassers
46
What is an invitee?
An invitee is a person who enters onto defendant’s land at
+
defendant’s express or implied invitation,
+
and who enters to:
1. {customers} potentially confer an economic benefit on the land possessor; or,
2. {public lands} the land is held open to the public at large
47
When someone comes onto a land and is injured by a condition on the land, their recovery depends upon?
Whether they are an invitee, licensee, or a trespasser
48
What is the duty owed by land possessors to an invitee?
The duty to exercise reasonable care to prevent injuries to invitees caused by conditions on his land.
49
What is an licensee?
A licensee is a person who enters onto defendant’s land
+
with defendant’s express or implied permission.
(e.g. friends at your house)
Not there to confer economic benefit nor is the land held open to the public at large
50
Social guests are . . . ?
Licensees
51
What is the duty owed by land possessors to a Licensee?
Land possessors must warn licensees of known concealed dangers on the property
(must know of condition + condition is non-obvious)
52
What is a trespasser?
A trespasser enters a land without the express or implied consent of the land possessor.
-Mistake does not matter
53
What is the duty owed by land possessors to a trespasser?
Avoid the infliction of willful or wanton harm
| i.e. cannot willfully hurt them
54
To determine land possessor liability, consider
In the specific area where the injury occurred, what was the status of π --> can change within the same facility.
55
If a Land possessor is performing activities on their land, what duty is owed?
Then a duty of reasonable care is owed to any person on the land (except for unknown trespassers)
56
When does a land owner have a duty to search out dangers on the property?
When an invitee is present
57
If there are known or frequent trespassers the land possessor must,
Warn of known artificial conditions on the land
58
When does child trespasser doctrine/attractive nuisance apply?
All factors must be proven
1) The child is too young to appreciate the danger
2) It is foreseeable to the land owner that there are children entering the property
3) The ∆ know of the dangerous condition on the property
4) The condition is an artificial condition (man-made)
5) The risk is so great that it outweighs the utility and the burden that would be placed on the defendant
59
If doctrine of child trespasser applies, then what duty is owed
treated as an invitee and owed a duty of reasonable care
60
Duty of a land possessor to π on adjacent to land If an artificial condition exists on their land?
Then the duty of reasonable care is owed to π
61
Duty of a land possessor to π on adjacent to land If an natural condition exists on their land?
No duty; unless it is a tree in an urban area
62
When there is a duty found, what must next be proved
Breach + causation + injury
63
What is the duty owed to tenants and third parties for injuries on a leased property?
Generally no duty
64
When is a duty owed to tenants and third parties for injuries on a leased property?
1. Condition is in a common area (area that landlord maintains control);
2. Negligent Repairs;
3. The landlord {knows} of + concealed conditions + at time of lease --> obligation to warn; or,
4. The landlord knows that tenant is going to hold the property open to the public at large --> duty of reasonable care
65
What is the standard of care for a reasonably Prudent Person Under the Same or Similar Circumstances?
Objective standard of care that measures the ∆'s conduct against a reasonable person's circumstances
Defendant must rise up to the level of the average person in the community
66
What factors of ∆ affect reasonably prudent standard of care?
1. Physical conditions (blind, deaf, missing limb)
2. Emergencies not of the ∆'s making
3. ∆ is a child
67
What factors of ∆ do not affect reasonably prudent standard of care?
1. Lack of experience;
2. Slow reflexes;
3. ∆ is insane
4. ∆ has a low IQ
68
How to analyze breach of reasonable standard of care?
Failure to act as a reasonably prudent person:
(1) What is the ∆'s conduct at issue?
(2) Probability of ∆'s conduct causing harm
(3) What is the burden the harm on the ∆
(4) What is the magnitude of the harm
69
When is custom evidence relevant?
To show a deviation from a well-established, relevant custom.
(a) Deviation favors plaintiff.
(b) Compliance favors defendant --> unless the custom is negligent
70
What is the Standard of Care for Children ∆?
| Majority
```
A minor defendant’s conduct is assessed according to what a reasonable child of the same
(a) age,
(b) experience, and,
(c) Intelligence
would have done
```
71
Minority rule for the standard of care for children ∆?
Age six and below, as to which the defendant was conclusively presumed incapable of negligence
72
What is the Standard of Care for Children ∆ exception?
If a child is engaging in an inherently dangerous adult activity, then the child is held to adult reasonable standard of care.
73
What is the Statutory and Negligence Per Se standard of care?
Where defendant’s conduct also violates a statue that does not talk about civil liability but violates (1) criminal law; or, (2) ordinance or regulation
Then,
The statute/reg/ord becomes the standard of care
74
Which is greater statute of tort liability or common law?
Statute > common law
75
Statutory and Negligence Per Se standard of care applies when?
When determining whether the statute should apply, a judge considers:
(a) if plaintiff is a member of the class intended to be protected by the statue
+
(b) the injury caused by defendant’s conduct is the type of injury that the statute is designed to protect against
76
If a statute is violated but does not apply to π and ∆, what is the standard of care
Reasonable and prudent person standard of care
77
Situations in which the statute standard will not apply to govern the standard of care, even when relevant and right time of harm, if?
(2)
1. There is an excused violation of the statute;
| 2. Licensing Statutes (e.g. driving without a license)
78
When is there an excused violation of the statute
Emergency not of ∆'s making
| It would be more dangerous to apply the law than break it
79
What is the standard of care for professionals?
As long as the professional does what other professionals customarily do in good standing --> the professional is not liable
80
What are the different standards of care?
| 4
1. Reasonable Prudent Person
2. Child
3. Statute/Negligence Per Se
4. Professionals
81
What is the standard of care for doctors?
(1) Doctors are required to possess and use the knowledge, skill and training of other doctors in good standing in the relevant geographic community
82
What is the relevant geographic community for doctors?
| 2
(a) Specialists: national standard
| (b) General practitioners: same or similar locality
83
If a professional complies with custom, then
They have complied with the standard duty of care
84
If a professional deviates from the custom, then
There is malpractice, unless they use a respected alternative
85
What is a doctor's standard of care in providing informed consent?
Majority
Minority
(1) Traditionally, doctors must divulge those risks that are {customarily divulged.
(2) Standard of materiality:
Requires physicians to divulge all material risks—that is, risks that a reasonable patient would want to know in deciding whether to undergo a specific procedure. The failure to divulge a material risk is malpractice provided the π can show they would have refused the procedure had they known
86
In order to prevail in a legal malpractice action, plaintiff must show:
1. Deviated from custom
+
2. Would have won the underlying action
87
Burden in proving breach of duty
Plaintiff has the burden to prove every element by the preponderance of the evidence
88
What is the preponderance of the evidence standard?
More likely than not
89
What must π show to demonstrate breach of duty?
Identify specific alleged unreasonable conduct.
90
Two types of evidence to show breach of duty.
a. Direct evidence: eye witness or a video tape of the accident
b. Circumstantial evidence:
Evidence from which one can can draw a reasonable inference
91
In Slip-and-fall cases
| (a) For plaintiff to recover, he must show that the defendant was:
Was negligent for failing to discover + remedy the dangerous condition
-Can only be shown by circumstantial evidence
92
Res ipsa loquitur means?
“the thing speaks for itself”
93
Res ipsa loquitur arises when?
Arises when you cannot identify what the defendant did that was wrong but the situation smells of negligence
94
What the π needs to show to prove Res ipsa loquitur?
Plaintiff needs to show:
1) This sort of injury is typically the result of negligence (more likely than not)
+
2) Defendant is probably the responsible party and has adequate control over the harm causing instrumentality
+
3) The π did not contribute to the injury
95
Res ipsa loquitor is only the right answer if
Needing to prove breach of duty in a negligence action
96
The element of cause-in-fact ties together what?
ties the defendant’s breach of duty to the plaintiff’s injury
97
Default test to prove the element of cause-in-fact, plaintiff only has to show
but for the ∆'s negligence, the π would not have been injured
- >50% chance their exclusive negligence of ∆ caused the harm
98
If a professional complies with custom, then
They cannot be liable
99
Four areas where cause-in fact issues arise
1. Multiple causes;
2. Loss of chance;
3. Alternative liability;
4. Market liability
100
When there are multiple causes contributing to a π's injury, what test to use to prove the element of cause in fact?
Substantial Factor Test
| Ask was the negligence of the ∆ at issue a substantial factor in the π's injury
101
When do you have to use substantial factor test to prove the element of cause in fact?
When there are multiple ∆'s and any of them would have brought about the entire harm
102
When does joint and several liability apply?
| 3
```
When multiple ∆'s negligence
+
are substantial factors
+
in π's indivisible injury, then can sue for entire loss
```
103
If joint and several liability applies, then he can
Sue one or both defendants and collect the entire loss
104
When one defendant is sued for full amount when another with joint and severally liable, what can ∆ do?
Can sue the other ∆ for contribution
105
Under loss of chance applies, what is damage?
The loss of X% chance of survival if not but for ∆ negligence?
106
Loss of chance as a default?
Not a default, must be integrated specifically by statute/jurisdiction question
107
Alternative liability theory applies to prove cause-in fact when?
(a) Every ∆ must be negligent (act unreasonably)
+
(b) All negligent ∆'s are being sued together
+
(c) Not a large number of ∆'s
108
What happens if alternative liability theory applies to prove cause-in fact against ∆'s at issue?
Burden shifts to defendant to show that they were not the cause. If a defendant cannot do so, then they will be jointly and severally liable.
109
Market share liability applies to prove cause-in fact, when?
π's injury involves a generic product
+
plaintiff cannot show which of a large group of negligent defendants is responsible.
Plaintiff can sue those who are likely responsible based upon their precent of the market
110
How damages break down when market share liability applies?
Plaintiff can sue those who are likely responsible based upon their precent of their market share
(e.g. 10% of market share pays 10% of injury)
111
Proximate (Legal) Cause asks?
| 3
Is there a reason to limit the extent of liability due to
1. unforeseeable extent of harm
2. unforeseeable type of harm
3. unforeseeable manner of harm
112
If the extent of the harm was unforeseeable, effect on ∆'s liability
It doesn’t matter that the plaintiff has suffered more harm than one would foresee. Defendant is responsible for the full extent of harm provided it is proper type of harm
113
What is the implication of the eggshell skull rule?
You take your victim as you find them, your bad luck does not limit your liability.
114
If the type of the harm was unforeseeable, effect on ∆'s liability
Look at what makes the defendant’s conduct unreasonable and then ask if the injury suffered by the plaintiff is within the risk created by the ∆’s negligence or a foreseeable type of injury
If it is unforeseeable: then there is no proximate cause and ∆ cannot be held liable
If it is foreseeable: then there is proximate cause
115
If the manner of the harm was unforeseeable, effect on ∆'s liability
If there was a superseding cause, then there is no liability for the tort feasor
116
What is a superseding cause?
A superseding cause is an unforeseeable, intervening cause that breaks the chain of causation between the initial wrongful act and the ultimate injury, and thus relieves the tort feasor of any liability
117
When is an intervening cause superseding?
When it is highly unforeseeable, freakish, bizarre, and highly culpable
118
When can subsequent negligent conduct be an superseding cause?
Generally will not cut off; however, it will cut off the extended consequences if it is freakish, unexpected, and bizzarre.
119
To prove damages, the π must prove
actual harm
120
Type of damages recoverable in negligence actions
(1) Personal injury and property damages are: recoverable
| (2) Nominal damages and punitive damages are not recoverable
121
What type of damages are awarded in negligence actions?
Compensatory damages: designed to return the plaintiff to her pre-injury position
122
To recover compensatory damages in negligence, the damages must be (3)
(1) Reasonably foreseeable
(2) Reasonably certain
(3) Not avoidable
123
How does the fact that the π get's compensated from a third party affect damages?
Collateral Source Rule:
The fact that the plaintiff is getting compensated from a third party source (insurance, union contract etc.), doesn’t mean that the defendant tortfeasor doesn’t have to pay them. Also applies to gratuitous services.
124
Punitive damages for negligent conduct (not given when) (given when)?
Never recoverable just for negligent conduct. Defendant has to be more culpable than negligent.
(1) At least reckless; thereby consciously disregarding a high probability of harm;
Malicious or willful
125
When is the wealth of the ∆ relevant?
When giving punitive damages in order to punish ∆
126
What is the relationship between punitive and compensatory damages?
Court suggests that there should be a relationship between compensatory damages and punitive damages. 10 X Compensatory damages are suspect
127
What are the defense to negligence?
| 2
1. Contributory Negligence
2. Comparative Fault
3. Assumption of Risk
4. Avoidable Consequences
128
For the defense of contributory negligence and comparative fault, the ∆ must show
Show π's conduct fell below the relevant standard of care, contributing to the π's injury
129
For purposes of the MBE, assume contributory negligence or comparative fault jurisdiction?
Assume in a pure comparative fault jurisdiction where joint and several liability applies
130
What is the legal effect of the plaintiff’s contributory negligence?
All or nothing: the π either gets 100% of damages or nothing.
Any fault > 0% on the part of the π will bar recovery
131
The legal effect of the plaintiff’s in pure comparative fault jurisdiction?
The π's recovery is reduced based upon the % of the π's fault
In pure comparative fault: the π is allowed to recover no matter the % of their fault
132
The legal effect of the plaintiff’s in modified comparative fault jurisdiction?
If π's fault ≥ 50%, then π is barred from recover
If π's fault ≤ 50%, the π's recovery is reduced based upon the % of the π's fault.
133
The legal effect of the plaintiff’s comparative fault when there are multiple ∆'s?
Joint and severally liable
134
Express assumption of the risk arises where:
Plaintiff through written or oral words relieves the defendant of their responsibility to be non-negligent towards the plaintiff.
135
Express assumption of risk typical arises in
1. written waiver in recreational activities and torts
136
A valid Express assumption effects on a tort action how?
Bars recovery
137
When will express assumptions of risk be able to bar recover?
1. language is clear
2. ∆ conduct is no more culpable than negligent (cannot be intentional)
3. Waiver is not void against public policy
138
Plaintiff may also impliedly assume the risk if ∆ can prove
| 3
(a) plaintiff had knowledge of the danger;
(b) plaintiff appreciated the nature of the danger; and,
(c) plaintiff voluntarily chose to expose himself to that risk
139
Assumption of the risk is subjective or objective?
Subjective focus on the mind of the plaintiff
140
Where the π is a professional rescuer and is injured in doing her job, what is the liability for ∆ creating need for π?
π may not sue the ∆ who creates the need for them to do their job
141
Avoidable consequences applies when
```
A plaintiff has an obligation to take reasonable steps
+
after being injured
+
Not to increase the injury
```
142
Effect if π does not avoid consequences?
∆ is not liable for further damages caused
143
The effect on duty of a π ending up on the ∆'s land by way of necessity
it is irrelevant, examine from perspective of the landlord
144
∆'s liability for a rescuer who rescues ∆ from a situation of ∆'s own negligence
∆ has an independent duty of care toward rescuer even if unforeseeable
145
Contribution v. Indemnification
contribution involves equitable apportionment, or sharing, among tortfeasors,
indemnification shifts the entire loss from the party who was found liable to the actual wrongdoer who was primarily responsible for the harm.
146
Whether a defendant has breached his duty to the plaintiff is a question of fact to be determined by the?
Through?
The jury
1. Expert testimony; or,
2. common knowledge
147
Automobile vicarious liability occurs when?
The owner of an automobile is liable for the negligent acts of his agents of members of his family when using the auto for "family purposes"
148
When a plaintiff is injured in an accident, plaintiff has an obligation to
mitigate his damages. This includes taking all reasonable steps to limit the adverse consequences of the accident. If the plaintiff does not act as a reasonable person in limiting his injuries,
149
Doctrine of avoidable consequences only applies to recovery from
To mitigate recovery from the tortfeasor of π's original injury
150
When does a parent have they duty to control a child (2)
when the parent knows or has reason to know she has the ability to control the child and
+
knows or should know of the necessity and opportunity to exercise control over the child.
151
In a pure comparative fault jurisdiction, multiple ∆s are joint and severally liable, then each ∆ is liable for
Total Damages - Plaintiff's % of fault
The ∆ can then collect from the other ∆'s if they pay over their share
152
If a volunteer rescuer is injured when attempting to rescue a person from a situation induced by negligence, then
The ∆ causing the the negligence is liable for the injury
153
Duty owed by a store owner to a patron who only wishes to use the bathroom
That of invitee
Duty to
1. inspect the premises for non-obvious, unknown dangers
2. warn the invitees of the dangers that make safe
154
What duty is owed to invitees?
1. inspect the premises for non-obvious, unknown dangers
| 2. warn the invitees of the dangers that make safe
155
Elements of negligence per se?
| 4
1. There is a statute
2. The injury of π is the type that the statute was intended to prevent
3. The π is a member of the class intended to be protected by the statute
4. ∆'s violation of the statute is not excused
156
What does proximate cause do?
Creates a limitation on liability in defined circumstances
1. type of harm
2. manner of harm
157
How are original tortfeasor's liable to rescuers?
| 2
To volunteer rescuers (all non-paid)
1. For injuries to rescuer
2. For injuries the rescuer causes during negligent rescue
158
Can rescuers be superceding causes?
No, because they are always foreseeable
159
Hierarchy of elements to knock out in a negligence action question
(6)
1. Negligence
2. Causation
3. Proximate cause
4. Damages
5. Defenses
160
When does a parent have a duty to control a child?
1. when they have the ability to control his child?
+
2. Knows or should know of the necessity and opportunity for controlling (type of environment you restrict a child)
161
In a joint venture, if one of the partners is negligent, then they are both liable
for the acts of each other.
If one is negligent, the other will be found to be as well
162
When a person has no duty to take affirmative steps to render assistance but takes an action to rescue, their standard of care is
a reasonable standard
-not immune through a good samaritan statute
163
For a good samaritan statute to have effect it must be
stipulated in the fact pattern
