Negligence - Duty

Question 1

To whom do you have a duty?

Answer 1

All foreseeable victims (think Mrs. Palsgraf)

Question 2

Where does P have to be to be owed a duty?

Answer 2

Within the Zone of Danger

Question 3

Who is the reasonably prudent person?

Answer 3

The boring, do-good, always responsible imaginary person acting under similar circumstances in any given fact pattern

Question 4

Does the RPP differ if D has a disability? Is drunk? Is an amateur?

Answer 4

No apply RPP to the characteristics of D

Question 5

What if D has special skills or knowledge?

Answer 5

RPP will have special skills and knowledge

Question 6

What is SOC for a child under 7 in VA?

Answer 6

incapable of negligence

Question 7

What is the SOC for children between ages 7-14?

Answer 7

Rebuttable presumption of no negligence

Question 8

How is the SOC evaluated for a child in negligence?

Answer 8

Child of similar age, experience, intelligence in similar circumstances

if its a dumb kid, compare actions to that of another dumb kid

Question 9

What if a child is engaging in adult behavior? (Driving)

Answer 9

Use RPP standard

Question 10

What is the SOC for medical professionals?

Answer 10

Same care as AVERAGE member of the profession providing similar professional services

Conform to colleagues of profession
Custom of the profession

Question 11

In VA, from where in the US can you call as an expert witness in medical malpractice?

Answer 11

Only VA

Question 12

What is informed consent?

Answer 12

Inform patient of all risks of recommended procedures to make an informed decision

Question 13

What if you do not get informed consent and risk happens but you met standard of care?

Answer 13

Liable on informed consent claim

Question 14

What is duty of care owed to unknown trespassers?

Answer 14

No duty

Question 15

What is DOC owed to known or anticipated trespassers? (someone cutting through a yard)

Answer 15

Protect them from known, man-made hidden death traps on the land

Question 16

What is DOC owed to Licensees AKA social guests?

Answer 16

ALL known traps on the property

Question 17

What duty is owed to invitees AKA customers?

Answer 17

Any defects concealed from invitee that the owner knew or could have known about with reasonable inspection

Question 18

How can you eliminate hazardous conditions on land?

Answer 18

3 Rs

Repair
Replace
Remove

Question 18

Can you be released from premises liability to guests another way?

Answer 18

Yes, clearly warn them of the defect

Question 19

Does the attractive nuisance doctrine prevail in VA?

Answer 19

No. (however mention that a greater duty is owed to children with artiifical conditions)

Question 20

Are firefighters or police owed a duty?

Answer 20

Not if the risk is inherent in their job

Question 21

When P borrows a criminal statute to show D owed a duty of care when D violated the criminal statute this is….

Answer 21

Negligence per se

Question 23

What does P have to show to use negligence per se?

Answer 23

That they were in the class of persons the statute was designed to protect

Question 24

What is the exception or defense to negligence per se?

Answer 24

Compliance would have been more dangerous or impossible (swerving to avoid hitting someone)

Question 25

Do you have a general duty to rescue?

Answer 25

No

Question 26

When do you have a duty to rescue?

Answer 26

Pre-existing relationship

D caused the peril

Question 27

Does VA have a good samaritan law?

Answer 27

yes, rescuers are provided immunity for simple negligence. NO immunity for gross negligence