Negligence Flashcards
PA courts weight several factors to determine whether a duty of care exists, including (5) . . .
Relationship between the parties
Social utility of the actor’s conduct
Nature of the risk imposed and foreseeability of harm incurred
Consequences of imposing a duty on the actor
Overall public interest in the proposed solution.
The failure to disclose the risks of a surgical procedure creates an action in _____, not negligence.
Battery
To establish direct corporate liability for a health care institution, the plaintiff must show that what relationship existed?
A resident-entity
When a physician’s negligence is a substantial factor is causing a patient’s injury, the P doe/doesn’t have to prove to a certainty that proper care would have prevented the injury.
Does NOT
The increased risk of harm doctrine does/does not apply to attorney malpractice.
Does NOT
Children under _____ are conclusively presumed to be incapable of negligence
7
Children from ____ to ______ are rebuttable presumed to be incapable of negligence.
7 to 14
Children over ____ are presumed to be capable of negligence.
14
In PA, common carriers and innkeepers owe patrons the _______ duty of care.
Highest
In PA, what is the standard of care in an emergency situation? What is the doctrine called?
Acting as a reasonable person would under the same emergency
Sudden Emergency Doctrine
PA follows the general rule of no duty owed to undiscovered trespassers. PA also imposes a duty to refrain from ____ or _____ conduct with regard to trespassers.
Wanton or willful
PA’s Good Samaritan Statute protects which three groups of people
Medical personnel
Nonmedical personnel certified in first aid
Volunteers w/o compensation rendering services (coaches, managers, umpires, etc)
Any person who uses a defibrillator in this manner in an emergency is protected, unless her actions are grossly negligent or done with an intent to harm.
In good faith
A medical doctor does/does not have a duty to warn someone of her patient’s communicable disease.
Does not.
PA does or does not recognize a COA for the tort of negligent spoliation of evidence
Does NOT
It is against public policy for a pre-injury release to relive a party of liability for reckless conduct. This rule applies with equal force to voluntary recreational activities. True or False?
True
PA has a complete or partial comparative negligence statute?
Partial
Under PA’s partial negligence statute, recovery is barred only when . . .
P’s negligence exceeds the combined negligence of ALL defendants.
The Last Clear Chance Doctrine does/does not apply in PA.
Does not
For which two activities has PA retained assumption of the risk?
Downhill skiing
Riding offered vehicles
Why does PA not apply comparative negligence principles to willful or wanton misconduct?
Intent aspects of such conduct.
A defendant’s sudden incapacity that negates negligence (e.g., seizure while driving), must be pleaded and proven as . . .
An affirmative defense.
