Negligence: Duty

Question 1

Who do you owe a duty to?

Answer 1

To foreseeable victims who are in the zone of danger.

Question 2

How much care does one owe?

Answer 2

As much as would be exercised by a reasonably prudent person acting under similar circumstances.

Question 3

Exceptions to the reasonably prudent person

Answer 3

(1) If a person has superior skill or knowledge

2) If a person has altered physical characteristics (i.e. blind, 6’5

Question 4

6 Alternative Standards of Care: 1. Children

Answer 4

under 4, not negligent.

otherwise, held to the standard of a child of like age, education, intelligence, and experience.

Question 5

6 Alternative Standards of Care: 2. Professionals

Answer 5

service providers who are licensed (lawyers, accountants, doctors, engineers, etc) are required to exercise the skill and knowledge normally possessed by others w/ same profession in good standing in similar community.

NY** similar community standard for primary care physicians but national standard for specialists.

Question 6

6 Alternative Standards of Care: 3. Premises Liability Cases

Answer 6

1. Undiscovered Trespasser - no duty.
2. Discovered/Anticipated Trespasser - no duty for natural conditions but duty to warn of or make safe unnatural artificial conditions.
3. Licensees - warn or make safe anything.
4. Invitee - Duty to make reasonable inspections to discover non-obvious dangerous conditions and warn of or make safe.

Question 7

6 Alternative Standards of Care: 4. Statutory Standards

Answer 7

“class of persons, class of risk”

1. P must be a member of the class of persons statute is trying to protect
2. accident is in class of risk statute is trying to prevent

Question 8

6 Alternative Standards of Care: 5. Duty to Act Affirmatively

Answer 8

ZERO DUTY unless:

1. preexisting relationship btwn D and P or
2. if D put P in peril

Question 9

6 Alternative Standards of Care: 6. Business Relationship Cases

Answer 9

Where the parties have some kind of business relationship and it’s very obvious that a negligence will occur (i.e. swapping coffins)

Question 10

Attractive Nuisance Doctrine

Answer 10

Duty to exercise ordinary care to avoid foreseeable risk of harm to children caused by artificial conditions on property.