Negligence: Duty (Ch. 4) Flashcards
attractive nuisance
dangerous condition on the defendant’s property that is likely to induce children to trespass
business invitee
One who enters the land for a purpose connected with the business dealing of the possessor
duty
Legal obligation to act reasonably and that arises out of our relationship to others
family-purpose doctrine
Doctrine that makes the owner of a car liable for the tortious acts of family members committed while driving
Good Samaritan statutes
Law providing that anyone who provides medical assistance is not liable for damages arising from that assistance as long as care is provided in good faith and does not constitute gross negligence
invitees
Persons invited by possessor of land onto her property for the purpose of conducting business
licensee
person who has possessor’s consent to be present on land
negligence
Conduct that creates an unreasonable risk of harm to another
Professional Rescuer doctrine
Limits or bars the liability of tortfeasors to professional rescuers such as police officers and firefighters who sustained injuries as a result of ordinary negligence
public invitee
One who enters the land for the purpose for which the land is held open to the public
rescue doctrine
Doctrine under which anyone who negligently causes harm to a person or property may be liable to one who is injured in an effort to rescue the imperiled person or property
respondeat superior doctrine
Doctrine that makes an employer liable for the tortious acts of employees committed in the scope of their employment
vicarious liability
Liability for the tortious acts of others
What are the four exceptions to the No Duty rule for a trespasser?
- Attractive nuisance
- Rescuers
- Known Trespassers
- Limited Trespass
What duty of care does the possessor of land owe to a Trespasser, Licensee, and Invitee?
- Trespasser: No duty to make land safe (4 exceptions)
- Licensee: Duty to warn known danger (no inspection)
- Invitee: Duty to inspect for hidden dangers and warn
Name 5 Special Relationships that may create duty of care?
Parent/child Husband/Wife Teacher/student Jailor/Prisoner Common Carrier/Passenger Employer/Employee University/Student Possessor of Land/Licensee/Invitee Innkeeper/Guest Rescuer/Victim
Name the Defendant’s relationships w/ 3rd party creating duty of care to Plaintiff
Attorney/Client Doctor/Patient Guardian/Mentally Ill Patient Tavern Owner/Intoxicated Patron Car Owner/Intoxicated Driver
What are the 4 elements of negligence?
Duty of care, breach of duty, causation, damages
What elements of negligence are questions of fact?
Breach of Duty, Causation, and Damages
Duty of care: this is a question of _______, which is decided by ______
law, judge
Defense of Consent: Victim must be ______ of giving consent and consent must be _______
capable, voluntary