Negligence continued Flashcards
The hand formula is a balancing test between the cost of avoiding the risk and the probability of the severe injury. Is this mathematically precise?
No. Not all the time. Instead we should think about the hand formula to determine if conduct is reasonable.
Who could have avoided this accident at the cheapest cost?
If one party has more information costs and organization costs than another party. Than the other party should pursue the cheapest method to avoid accident.
Reasonable prudent person is subjective
False. The reasonable prudent person test is objective.
What is the standard reasonable care one must show in an emergency situation?
The same amount of care a reasonable prudent person under the emergency’s circumstances.
Rule for standard of care children must show
Reasonable child of like age, intelligence, and experience.
Expectations in society are
what we generally rely upon others to understand
Exception for standard of care for kids
Children are held to an adult standard of care when they engage in inherently dangerous activities.
OR
Activities that are normally undertaken by adults.
The judge decides whether to apply the adult standard of care or the child standard of care. True or false?
True.
Negligent failure to supervise operation of stand.
Respondeat superior: where you are holding someone liable even though they are not negligent because another person was negligent.
Roberts v. State of Louisiana (1981)
What standard of cares should one must show if they are of mental disability?
Reasonable care of a reasonable prudent person under the circumstances.
If it is a mental illness, there is no modification of standard care.
What reasonable care should one must show if they are of disability?
The amount of care a reasonable person should have under the circumstances with such disability.
Vicarious is the broader one but doctors are never vicariously liable
True
If we could prove that her dad was negligent, the daughter would get liability insurance.
Heath v. Swift Wings Inc.
Standard of care for professionals rule
The Standard of Ordinary, competent professional.
What separates tort cases from contract cases
Duty of care is not contracted by a particular result in contracts. Doctor does not contract curing you, lawyers don’t contract making you healthy, and the teacher does not contract making you smart.
