Negligence Flashcards
Duty
A duty is owed to FORESEEABLE Plaintiffs to prevent FORESEEABLE RISKS of HARM form causing injury.
- the duty is to exercise reasonable care to act as a reasonable prudent person under the circumstances.
Defense to Negligence
1) Contributory Negligence (complete Bar)
2) Implied Assumption of the risk
3) Pure Comparative Negligence
4) Partial COmparative Negligence
Premise Liability
Invitee
1) Comes with permission for economic benefit, or that it is open to the public
2) Duty: To make reasonable inspection and disclaim unusual conditions
* If exceeds scope of invitee status, do not need to extend reasonableness
* Warn of dangers
Proximate Cause
Direct
Is one where the facts present an uninterrupted chain of events from the time of the D negligent act to the time of Plaintiff injury.
Foreseeable harm.
Negligent Infliction of Emotional Distress
Beach when D creates a foreseeable risk of physical injury to P
1) Within zone of Danger
2) Symptoms of physical Distress
Actual Cause
Alternative Cause
The burden of proof shift to the defendant
- uncertain to who caused P’s injuries
- P must show harm has been by one of them.
- burden shifts to D’s and show not actual Cause.
Defenses
Partial Comparative Negligence
Nevada
Under BV partial Comparative Negligence doctrine, the Plaintiff damages are reduced ni proportion the release degree of the claimants fault that is the proximate cause of the injury.
- in order to recover, the Plaintiff own Negligent may not exceed that of the Defendant.
Negligent Infliction of Emotional Distress
Bystandard types
1) Closely Related
2) Saw in present time
3) Personally observed or perceived.
Negligence Breach
Resipsa Loquitor
1) the accident casing injury is the type that would not have normally occurred unless someone was negligent, and
2) Negligence attributed to Defendant.
