Negligence: Standard of Care Flashcards
Standard of Care
REASONABLY PRUDENT PERSON under the circumstances
Objective standard
Reasonably Prudent Person: Mental and Emotional Characteristics
D presumed to have AVERAGE mental abilities and knowledge
Reasonably Prudent Person: Physical Characteristics
Particular physical characteristics are taken into account
D is compared with a reasonably prudent person with like characteristics
Reasonably Prudent Person: Intoxication
Held to the same standard as sober people
EXCEPTION: Involuntary intoxication
Reasonably Prudent Person: Children
Reasonable child of similar:
(1) Age;
(2) Intelligence; and
(3) Experience
Standard of Care: Common Carriers (Planes, trains, buses)
Highest duty of care consistent with the practical operation of the business
Standard of Care: Innkeepers
Ordinary negligence
Standard of Care: Automobile Drivers
Ordinary care to guests as well as passengers
Standard for Possessors of Land: Trespassers
Refrain from willful, wanton, reckless, or intentional misconduct towards trespassers
Standard for Possessors of Land: Undiscovered Trespassers
No duty owed
Standard for Possessors of Land: Attractive Nuisance Doctrine
May be liable for injuries to trespassing children if:
(1) ARTIFICIAL condition;
(2) Poses UNREASONABLE RISK of serious bodily injury;
(3) Children CANNOT APPRECIATE the danger;
(4) Burden of eliminating danger SLIGHT compared to risk of harm; and
(5) Owner fails to exercise REASONABLE CARE
Standard for Possessors of Land: Licensees
Enters land with express or implied permission
Land possessor has duty to either make the property reasonably safe or warn licensees of concealed dangers
Standard for Possessors of Land: Invitees
Reasonable care to inspect, discover dangerous conditions, and protect invitee from them
Duty does NOT extend beyond scope of invitation
Standard for Possessors of Land: Landlord
Landlord must:
(1) Maintain safe common areas;
(2) Warn of hidden dangers; and
(3) Repair hazardous conditions
