Torts Flashcards
Duty
A duty is owed to all foreseeable plaintiffs within the zone of danger
Standard of care of a healthcare provider
Healthcare provider (Doctor, medical professional) has a duty to act like a reasonable medical professional with similar training and experience in the same community.
Standard of care of children
Children have a duty to act like a reasonable child of similar age, intelligence and experience UNLESS they are engaged in adult activities, then they are held to the reasonable person standard.
FL Invited Licensee/Business Invitee
Possessors of property have a duty to inspect and warn or make safe any known, non obvious dangerous conditions on the land
FL Unknown/Undiscovered Trespasser
Possessors of property have a duty to refrain from intentional conduct which injures the trespasser
FL Known/Discovered Trespasser
Possessors of property have a duty to warn known trespassers of dangerous conditions on the property.
Cause in fact/Actual Cause/But For
But for the Ds negligence, the injury would not have occurred
Legal Cause/Proximate Cause
Under proximate cause, liability is limited to foreseeable harms. An intervening cause is foreseeable and does not cut off liability. A superseding cause is unforeseeable and cuts off liability.
Negligence per se
The violation of a statue where the Plaintiff is part of the class the statute is designed to protect and the injury is the kind the statute is designed to protect.
FL Good Samaritan Act
There is generally no duty to rescue but once you begin to render aid, you must do so reasonably.
FL Good Samaritan Act & medical professionals
In Florida, the Good Samaritan Act protects medical professionals from negligence in emergency rescues
Modified Comparative Negligence
DEFENSE
Plaintiff’s recovery will be reduced by their own percentage of fault, but if P is more than 50% at fault, recovery is barred
Sovereign Immunity
DEFENSE
Government workers can raise this as a defense to negligence. Florida has waived sovereign immunity for operational decision but immunity remains for planning decisions.
For a government worker to be liable for negligence, what do you argue?
Argue its an operation decision
For a government worker to be immune from negligence, what do you argue?
Argue its a planning decision
Parent-Child Immunity
A parent may raise this defense if their child is suing them for negligence. In FL, parent-child immunity is waived for sexual abuse and for negligence, the parent is liable only up to the extent of their insurance coverage.
Express assumption of the risk
DEFENSE to negligence and a complete bar to recovery.
FL has abolished implied assumption of the risk
Respondeat Superior
Employers are liable for the negligence of their employees committed while acting within the scope of their employment
Negligent hiring
An employer is presumed non-negligent if they did a background check and found nothing wrong
Negligent entrustment
When the owner of chattel gives it to another and has reason to know, due to youth, inexperience, or otherwise, that doing so may create an unreasonable risk of harm
Dangerous instrumentality
The owner of a dangerous instrumentality is liable for the negligence of a person using it with permission
Dram shop liability
In Florida, anyone who willfully gives alcohol to a minor or knowingly serves an alcoholic may be liable for what the individual does
