Negligence - Duty Flashcards
To whom do you have a duty?
All foreseeable victims (think Mrs. Palsgraf)
Where does P have to be to be owed a duty?
Within the Zone of Danger
Who is the reasonably prudent person?
The boring, do-good, always responsible imaginary person acting under similar circumstances in any given fact pattern
Does the RPP differ if D has a disability? Is drunk? Is an amateur?
No apply RPP to the characteristics of D
What if D has special skills or knowledge?
RPP will have special skills and knowledge
What is SOC for a child under 7 in VA?
incapable of negligence
What is the SOC for children between ages 7-14?
Rebuttable presumption of no negligence
How is the SOC evaluated for a child in negligence?
Child of similar age, experience, intelligence in similar circumstances
if its a dumb kid, compare actions to that of another dumb kid
What if a child is engaging in adult behavior? (Driving)
Use RPP standard
What is the SOC for medical professionals?
Same care as AVERAGE member of the profession providing similar professional services
Conform to colleagues of profession
Custom of the profession
In VA, from where in the US can you call as an expert witness in medical malpractice?
Only VA
What is informed consent?
Inform patient of all risks of recommended procedures to make an informed decision
What if you do not get informed consent and risk happens but you met standard of care?
Liable on informed consent claim
What is duty of care owed to unknown trespassers?
No duty
What is DOC owed to known or anticipated trespassers? (someone cutting through a yard)
Protect them from known, man-made hidden death traps on the land
What is DOC owed to Licensees AKA social guests?
ALL known traps on the property
What duty is owed to invitees AKA customers?
Any defects concealed from invitee that the owner knew or could have known about with reasonable inspection
How can you eliminate hazardous conditions on land?
3 Rs
Repair
Replace
Remove
Can you be released from premises liability to guests another way?
Yes, clearly warn them of the defect
Does the attractive nuisance doctrine prevail in VA?
No. (however mention that a greater duty is owed to children with artiifical conditions)
Are firefighters or police owed a duty?
Not if the risk is inherent in their job
When P borrows a criminal statute to show D owed a duty of care when D violated the criminal statute this is….
Negligence per se
What does P have to show to use negligence per se?
That they were in the class of persons the statute was designed to protect
