Part 8 (Proving Negligence)

Question 1

What is Premises Liability?

Answer 1

fails to exercise reasonable care; had actual/constructive knowledge of a condition of the premises that posed an unreasonable risk of harm

Question 2

What is Res Ipsa Loquitur?

Answer 2

where breach of duty and causation can be inferred

Question 3

What are the 2 types of Evidence when proving negligence?

Answer 3

Direct Evidence (eyewitness testimony)
Circumstantial Evidence (finger prints, skid marks)

Question 4

Liability for negligence depends on…

Answer 4

Foreseeability, not notice

Question 5

What are the 3 factors of Evidence of Customs?

Answer 5

1. Custom doesn’t determine the Standard of Care
2. Conformance with custom raises an inference of reasonableness
3. Departure from custom raises an inference of unreasonableness