Negligence Concepts

Question 1

Name the five (5) Special Duties

Answer 1

1. Violation of Statute;
2. Guest Statute;
3. Omission to Act;
4. Landowner-Occupier;
5. Duties Owed By Lessors of Land

Question 2

Name the elements of Negligence

Answer 2

1. Defendant Owed Plaintiff a Duty of Care
2. Defendant Breached the Duty of Care
3. The Plaintiff Suffered Damages
4. The Damages were the Actual Cause-In-Fact of the Breach
5. The Damages were the Proximate Cause of the Breach

Question 3

Name Considerations for Violation of Statute (Negligence Per Se)

Answer 3

1. The Intent of the Legislature
2. Class of Person to be Protected
3. Type of Injury Suffered

Question 4

Name the three situations in which a special duty of care is owed to come to the aid of another in an emergency

Answer 4

1. Plaintiff is injured by instrumentality under defendant’s control
2. A Special relationship exists between the parties
3. There is a statutory duty to act. (e.g., hit and run)