Negligence Claims - General

Question 1

The Four Elements of a Negligence Claim that the Plaintiff must prove:

Answer 1

1) Duty
2) Breach
3) Causation
4) Damage/Injury

Question 2

The two separate topics of concern regarding Duty:

Answer 2

1) What is the Duty?

2) Who is owed the Duty?

Question 3

Who is owed a duty?

Answer 3

Foreseeable Victims of Carelessness are owed a Duty of Care.

Question 4

Unforeseeable Victims alleging Negligence claims will

Answer 4

ALWAYS LOSE because a duty of care is not owed to unforeseeable victims.

Question 5

Foreseeable Victims of Carelessness can also be described as being within the scope of the

Answer 5

Zone of Danger.

Question 6

What is the duty of care generally owed to the foreseeable victims of carelessness?

Answer 6

The duty of care that a Reasonably Prudent Person, acting under similar circumstances, would exercise.

Question 7

The RPP is analyzed in terms of

Answer 7

objective behavior and NOT characteristics.

Question 8

The Two Exceptions to the Objectivity of the RPP:

Answer 8

1) Superior Skill or Knowledge will charge a defendant, thus the RPP is subjectively enhanced.
2) Physical Characteristics WHERE RELEVANT will be placed on the RPP, such as blindness, physical disability, etc.

Question 9

Mentally Ill Persons, Mentally Disabled Persons, Novices, Amateurs will all be held to

Answer 9

the standard of a Reasonably Prudent Person. Thus a novice skiier will be held to the standard of a Reasonably Prudent skiier.

Question 10

Unless otherwise displaced, the default standard of care owed to foreseeable victims of carelessness will always be

Answer 10

that of the Reasonably Prudent Person.