Principles & Concepts Flashcards
True or False
If any of the 4 elements of negligence is absent, the injured party can NOT prove negligence
True
Element of negligence:
Requires injured party to prove wrongdoer owed a duty
Duty is owed
Element of negligence:
Requires injured party to prove wrongdoer not only owed a duty but also violated the duty
Violation of duty
Element of negligence:
Requires injured party to prove wrongdoer’s actions were proximate cause of injuries
Proximate cause
Element of negligence:
Requires injured party to prove injuries were a foreseeable consequence at the time the negligent action occurred
Foreseeable consequence
Defense against negligence:
Prevents recovery for damages
Contributory negligence
Defense against negligence:
Recovery of damages is based on claimants degree of negligence
Comparative negligence
Defense against negligence:
Prevents recovery of claimant assumed risk
Assumption of risk
Defense against negligence:
A second negligent act occurs & interferes with chain of events
Intervening clause
Common law or Statutory Law
Comparative negligence
Statue of limitations
Statutory
Common law or Statutory Law
Contributory negligence
Assumption of risk
Intervening cause
Common
Circumstances in which an insurer is legally liable even in the absence of negligence
Strict & absolute liability
When a claimant can prove that a product caused the injury
Strict liability
No-Fault Concept:
Inured person is unable to sue the negligent party
Pure no-fault
No-Fault Concept:
Injured person is only able to sue after a certain amount of damages has been reached
Modified no-fault
