Negligence-Duty Flashcards
What is the prima facie case for negligence?
Duty, Breach, Causation, Damages
Who is duty of care owed to? (Cardozo) (Andrews)
(Cardozo)Duty of care is only owed to foreseeable P, those who are within the zone of danger at the time of the negligent conduct.
(Andrews)
What is the general standard of care?
The reasonable person standard: how a reasonable person under the circumstances would act. objective standard, physical characteristics WILL be taken into account. NOT MENTAL.
What standard of care is used for children?
Child of like age, intelligence and experience, it is a subjective standard. However, a child doing an ADULT activity will be held to the adult standard.
What is the standard of care for professionals?
Act as a reasonable person in the same or similar communities. Specialized skills ARE taken into account.
What is the standard of care for common carriers and innkeepers?
Common carriers (bus drivers, taxi cabs, etc) and Innkeepers will be held liable for even slight negligence.
What factors must you consider to find an owner/occupier liable for negligence?
- Whether the D is the owner/occupier
- Did the injury occur on the land?
- What was the status of P at the time of injury?
What duties are afforded to a discovered trespasser?
D is responsible for artificial dangerous(involved serious risk of injury) conditions that the o/o KNOWS of
must only protect undiscovered trespassers from Known Man Made Death Traps.
What duties are afforded to a licensee? What is a licensee?
P is on the land for his own purpose-includes social guests and door-to-door salesperson
o/o is responsible for ALL dangerous condition that he KNOWS about, includes natural and artificial dangers.
Protect licensee from all known hidden traps.
What is an invitee? What duties are afforded to them by o/o?
Invitee is on land for o/o’s purpose-> includes business clients, public invitee.
o/o is responsible for all dangerous conditions he KNOWS or SHOULD KNOW about, duty to make reasonable inspection.
Must protect invitee from all reasonably knowable traps on the land.
How can an o/o be discharged of their duties?
- Warnings
- Making the condition safe
- the danger is SO OBVIOUS that it has an inherent warning.
What is the attractive nuisance doctrine (elements)?
(1. ) dangerous condition on Ds land;
(2. ) D knew that children frequented the area;
(3. ) P could not appreciate the risk of the condition; and
(4. ) the expense of remedying the risk is less than the magnitude of the risk.
When does a statutory standard of care apply?
- If the P is within the intended protected class
2. The statute is designed to prevent the KIND of harm involved.
If the statutory standard is inapplicable to the kind of harm that occurred, what standard applies?
Reasonable person standard
If the statute is violated, thereby establishing negligence per se, does the P automatically win?
No, P still needs to prove causation
