Negligence

Question 1

Negligence

Elements (5)

Answer 1

1. Duty of care;
2. Breach;
3. Actual cause;
4. Proximate cause; and
5. Damages

Question 2

Negligence

Duty of Care for 1) Professionals 2) Doctors and 3) Specialists

Answer 2

Standard of care for

1. Professionals: a professional with the same expertise & experience who is in good standing in a similar community
2. Doctors: average doctor in good standing (unclear if national, or in community)
3. Specialists: national standard of care for specialty

Question 3

Negligence: Premesis Liability

Duty of landowners to invitees

Answer 3

For invitees (on premesis to confer economic benefit to owner OR on land open to the public), landowners must:

1. Inspect area where invitees have access;
2. For non-obvious, unknown dangers;
3. Warn the invitee of the dangers; and
4. Protect them from the dangers

Question 4

Negligence: Premesis Liability

Duty of landowners to licensees

Answer 4

For licensees (enters w/ D’s express or implied permission for own purposes) a property owner must:

1. Exercise reasonable care on the property;
2. Warn or correct concealed dangers;
3. That are known or should be known;
4. In areas where P has access as a licensee

Note: No duty to inspect for dangers

Question 5

Negligence: Premesis Liability

Duty of landowners to trespassers

Answer 5

• Foreseeable trespassers: Property owner must correct or warn of dangerous, artifical conditions on land that could cause death or serious bodily harm. No duty to warn about natural conditions
• Unforseen trespassers: no duty

Question 6

Negligence: Premesis Liability

Attractive Nuisance Doctrine: Elements (6)

Answer 6

D is liable for child trespassers if:

1. D knows of a dangerous, artificial condition on the property;
2. That poses a risk of death or great bodily harm to children;
3. In a place that D knows or should know children are present;
4. Children are too young to appreciate the danger;
5. The risk of harm to children outweighs the burden of fixing the condition; and
6. D failed to remedy the dangerous condition