Torts Flashcards
What is the Restatement standard of care for children?
No negligence under 5.
What is the rule of seven for children
children under 7 are legally incapable of negligence
Third restatement - child negligence
when child receives instructions from parent for behaving, a child can be found negligent for failing to follow instructions
Proprietor of commercial facility duty of care
duty of due care to custs. b/c business invitees.
Req. to exercise reasonable care to protect custs. from hazards incld. being aware of dangerous conditions and reducing or eliminating such danger
constructive notice cases
food debris on floor - notice of dangerous conditions even tho actual notice is absent. D permitted reasonable time period to discover and correct it.
Constructive notice - food - length of time
how long condition existed b4 P encountered. Condition of food is inference to length of time
Constructive notice - food - length of time
how long condition existed b4 P encountered. Condition of food is inference to length of time
who has burden of proof for constructive notice case
P has burden of proof, if insufficient evidence then proprietor cannot be found guilty
Defense - open & obvious
Restatement 3 of torts (51) open & obvious condition reduces (removes) duty of care from proprietor
duty of care - person offering assistance
person assumed duty of care and exercise due care
Duty of care -
actor whose conduct didnt create risk owes no duty of care
when assisting w/ no duty of care (not person at fault for harm of person)
person assisting - due care and can be liable if rescuer negligently worsened condition
