Negligence: Standard of Care Flashcards
What is the general rule regarding standards of care?
D breaches a duty to P if they fail to conduct themselves as a reasonable person would in those same circumstances
How is standard of care assessed for children?
A minor child D’s conduct is assessed according to what a reasonable child of the same age, education, intelligence and experience would have done
What is the standard of care for children engaging in adult activities?
Children engaging in adult activities, including operating cars, etc. are required to conform to an adult standard of care
What is the standard of care for professionals?
Professional D’s who are engaged in certain activities for which they have a higher level of skill or knowledge are held to a higher standard of care
What is negligence per se?
D’s violation of a criminal statute has the effect of establishing the standard of care if the injury caused by D’s conduct is the type of injury that the statute was intended to prevent, and P is a member of the class intended to be protected by the statute
What is the non-compliance exception to negligence per se?
D will not be liable regarding negligence per se theory if D’s compliance with the statute would have resulted in a greater harm than the harm produced by the violation, or it would have otherwise been impossible for D to comply with the statute
How does P prove breach?
P generally meets the burden of proving breach of duty by establishing that d’s conduct fails to conform to the applicable standard of care
What is res ipsa laquitur
Applicable when the event that caused P’s injury was one which would not ordinarily occur in the absence of D’s negligence and D was in exclusive control of the instrumentality that caused injury
