Negligence

Question 1

Elements of Negligence

Answer 1

1. Duty
2. Breach
3. Causation (Proximate and actual)
4. Damages

Question 2

Physical Disability and Duty

Answer 2

D. owes duty of reasonable care with that disability; NOT altered for mental deficiency (not aware of the risk)

Question 3

Child Standard of Care

Answer 3

Exercise the amount of care that a child of like education, intelligence, and experience would have exercised; UNLESS child is engaged in an adult activity

Question 4

When is there an Affirmative duty to act

Answer 4

When you have created the circumstances surrounding another’s peril

Question 5

Emergency standard of care

Answer 5

Duty to act as a reasonable person under the same emergency conditions

Question 6

Rescue Doctrine

Answer 6

An independent duty of care is owed to a rescuer; if you are negligent for attempting to rescue you will not be held liable. Also, you may recover for harm to yourself for attempting to rescue.

Question 7

Respondeat Superior (Vicarious Liability)

Answer 7

Master is responsible for NEGLIGENT acts committed within SCOPE of employment

Question 8

Attractive Nuisance Doctrine

Answer 8

Possessor of land is liable if:

1. Artificial dangerous condition exists on land
2. Possessor knows or should know that children are likely to trespass
3. Child himself, cannot appreciate the risk (realize the danger)
4. Utility of maintaining condition is slight compared to the risks involved

Question 9

Contributory Negligence

Answer 9

In Contributory Negligence jurisdictions (minority) a portion of the fault attributed to the plaintiff is a complete bar. UNLESS d.’s act was reckless and wanton conduct (more than mere negligent)

Question 10

Last Clear Chance Doctrine

Answer 10

Plaintiff’s argument to D’s defense of contributory negligence; states that the defendant had the last clear chance to prevent the incident

Question 11

Negligence Per Se

Answer 11

Statute sets standard of care you get DUTY and BREACH if it was meant to protect against the type of harm that occurred

Question 12

Defense of Property: Use of Force

Answer 12

Privilege exists to use REASONABLE FORCE to prevent or end a trespasser’s intrusion; CAN’T use deadly force/serious bodily injury unless you have a REASONABLE BELIEF you are in danger of serious bodily harm

Question 13

Extent of Liability for Damages

Answer 13

Full extent of normal consequential damages arising from the injury

Question 14

Defense of Property: Expel

Answer 14

No right to forcibly expel a trespasser/property when the trespasser was driven by necessity; Landowner liable for any damage to property that results from expulsion

Question 15

Landowner Duty to Invitee

Answer 15

hold land open to the public creates nondelegable duty to keep premises safe for biz visitors–liable for any negligence that causes a guest to be injured by unsafe conditions, even if caused by independent contractor

Question 16

Pure Comparative Fault

Answer 16

P. can recover all the damages due after discounting his own negligence, from ANY ONE of the D’s, D can seek contribution from any/all of the other D’s at fault

Question 17

Res Ipsa Loquitur Causation

Answer 17

Where medical team as a group had exclusive control of patient and where patient was unconscious and can’t identify what went wrong, need only prove that at least ONE of D’s had control over whatever caused the patient’s injury

Question 18

Basic Standard of Care

Answer 18

D. must act with ordinary care–liable for reasonably foreseeable harm