Negligence Flashcards
General duty
Reasonably prudent person under the circumstances
Foreseeability
Only owe a duty to those that we can foreseeablely injure
Rescuers are always foreseeable
NC Good Samaritan Statute
One who volunteers to rescue is not liable to the rescued party for harms he caused or exacerbated, even if the rescue was negligent.
Can’t be reckless
Standard of care for children
A reasonable child of similar age, intelligence, and experience. Unless involved in an adult activity, or inherently dangerous activity.
Rule of 7s for children in NC
Under 7: incapable of neg
7-14: presumed incapable: can be rebutted
14 or older: presumed capable of neg, can be rebutted w/ clear and convincing evidence of incapacity
Standard of care for medical malpractice
Same or similar duty rule. A physician must exercise the degree of caere, & skill, and proficiency exercised by reasonably careful, skillful and prudent practitioners in the same class to which he belongs and in the same or similar community acting under the same of similar circumstances.
Duty for a possessor of land
In NC there is not distinction between adn invitee and a licensee. Landowners must exercise reasonable care toward all lawful visitors.
The only duty to adult trespassers is to refrain from willful or wanton infliction of harm.
Attractive nuisance does not apply when the child is being supervised by a parent and is aware of the danger.
Negligence per se
P is in the class of people the statute intended to protect;
The P suffered the type of harm the statute is intended to prevent; and
The violation of the statute was the proximate cause of the Ps harm.
Special rule of negligence per se for building owners
A building owner can’t be found neg per se for violating NC Building Code w/out (i) actual or constructive knowledge of the violation, (ii) failing to take reasonable steps to remedy the violation, and (iii) the violation being the proximate cause of the harm suffered.
Res Ipsa Loquitur
P’s harm wouldn’t have occurred if D used ordinary care (no injury would typically occur in absence of neg)
Ps not responsible for injury
Ps injury under D’s exclusive control
Proximate cause
Was the accident a reasonably foreseeable consequence of the defendant’s conduct.
Intervening act/Superseding act
If the intervening act was foreseeable to D at the time of defendant’s negligence then D still liable and intervening. If not, superseding and no liability.
In NC foreseeability of subsequent medical malpractice is always a question of fact for the jury.
