Rule Statements - Negligence

Question 1

Elements of Negligence

Answer 1

• Duty (to use reasonable care) (“standard of care”)
• Breach (of the duty)
• Causation (between conduct and resulting injury)
• Actual damages or loss

Question 2

General Standard of Care

Answer 2

reasonably prudent person

Question 3

Standard of Care - Professionals

Answer 3

Skills/knowledge of a member of the profession in good standing in similar communities

**modern trend: national standard of care for physicians

Question 4

Standard of Care - Children

Answer 4

Conform to a standard of care of child of like age, education, intelligence, and experience

**If engaged in adult activity, then seen as adult

Question 5

Standard of Care - Landowner to Trespassers

Answer 5

undiscovered trespasser: none
discovered trespasser: duty to warn or make safe of known highly dangerous artificial conditions if not obvious to the trespasser

Question 6

Negligence Per Se (NPS)

Answer 6

Based on violating a statute
1 - party seeking to charge other with violation is a member of the intended class legislature intended to protect
2 - hazard that caused injury is one the legislature intended to protect against
** some - whether appropriate to impose tort liability for violation of a statute

Question 7

Res Ipsa Loquitur

Answer 7

Occurrence of an accident implies negligence
1 - accident causing injury would not have occurred without negligence
2 - D was negligent
3 - P cannot be tied to the injury at all

Question 8

Causation in Fact/Actual Cause

Answer 8

If a substantial factor in bringing about the harm

- “but for” test: an act is actual cause of an injury when it would not have occurred “but for” the act

Question 9

Joint Liability v. Several Liability

Answer 9

J: Pay for all damages, no matter what % at fault
S: Only pay for whatever % you are liable for

Question 10

Proximate Cause

Answer 10

Limits liability for unforeseeable consequences of the D’s actions