Negligence and Legal Liability Flashcards
What’s Liability
A legal responsibility or obligation for one’s actions or conduct.
Negligence
When someone fails to exercise a reasonable level of care.
What are the four elements of negligence
Legal duty. breach of duty, damages, proximate cause.
What’s contributory negligence
If the plaintiff is found to have contributed in any way to the incident that caused their harm, they may be barred from recovering any compensation from defendant.
Pure competitive negligence
If the plaintiff is found to be mostly at fault, they can still recover damages, but the amount will be reduced in proportion to their own degree of fault.
For example, if the plaintiff is awarded $100,000 in damages but is found to be 30% at fault, their recovery will be reduced to $70,000.
Modified competitive negligence
The plaintiff can only recover damages if they are found to be 50% or less at fault. If the plaintiff is 51% or more at fault, they are barred from recovering any damages.
What’s a Tort
Its a term that involves conduct that causes harm or injury to and individual, property, reputation, or legal rights, leading to a legal claim for compensation damages.
If the plaintiff can establish that the defendant’s actions or omissions caused harm and that the defendant is legally liable for those actions, they may be awarded damages, which can include medical expenses, lost wages, pain and suffering, and other losses.
3 Types of Torts
Negligence
International Tort
Strict Liability
Negligence
Failure to exercise care
Interntional Tort
Deliberate or intended to do harm or damages
Strict Liabilty
This typically applies to cases involving ultrahazardous activities, such as using explosives. ABSOLUTTL LIABLE