Negligence

Question 1

DUTY

Answer 1

You owe a duty to all people who are FORESEEABLE VICTIMS of your failure to take precautions

πs who are FORESEEABLE AMOL:

• Rescuers
• Viable fetuses

Question 2

HOW MUCH Care must you exercise?

Answer 2

Poindexter Rule: You MUST exercise the amount of care that would be taken by a:
-Reas. Prudent Person under the same/similar circumstances

Special Duty Standards:

(1) Children = A RP of like age, intelligence, experience would exercise under circumstances & Rule of 7s
- Adult Activities: Child engaged in an ADULT ACTIVITY is held to the ADULT STANDARD

(2) Professionals = A professional is required to possess & exercise the knowledge and skill of an ordinary member of that profession in good standing
- Medical Mal = Informed consent
- Legal Mal = πmust prove causation

Question 3

Owners & Occupiers of Land

Answer 3

The Variables:
-SOURCE of the Injury = Did the injury result from the CONDUCT OF ACTIVITY (clerk shopping cart into leg)or did the injury result from an ENCOUNTER WITH A STATIC CONDITION (step into dip while hiking)

• STATUS of the π: Is the π
  
  • Undiscovered trespasser
    
    • Activity: NO DUTY
    • Condition: NO DUTY
  • Discovered trespasser
    
    • Activity: REAS CARE
    • Condition: MANMADE DEATH TRAP
  • Licensee (like)
    
    • Activity: REAS CARE
    • Condition: CONCEALED & KNOWN TO YOU
  • Invitee
    
    • Activity: REAS CARE
    • Condition: REALLY REAS CARE

Question 4

Special Situations: Negligence Per Se

Answer 4

Statutory Standard of Care: “Negligence Per Se”
-Class of Person, Class of Risk

Exceptions:

• Compliance w/statute is MORE DANGEROUS than violating the statute
• Compliance is IMPOSSIBLE under the circumstances

Question 5

Special Situations: Affirmative Duty to Act Rule

Answer 5

There is NO duty to RESCUE!

Exceptions:

• ∆ put the πin peril
• Relationships = Close family, common carrier/innkeepers, invitee-invitor
• Duty to Control 3rd Persons = ∆ must have actual ability & authority to control

Question 6

Special Situations: Negligent Infliction of Emotional Distress

Answer 6

General Rule: NO DUTY!

Exceptions:

• Zone of Danger Rule (near miss π)
• Bystander Recovery (Was @ scene AND strong relationship w/victim)