Torts Flashcards
Elements of Negligence
Duty, breach, causation, damages
Duty
You owe a duty of care to foreseeable plaintiffs
Standard of care (generally)
Reasonable person standard – Reasonably prudent person under the circumstances
Standard of care (professional)
A professional owes a duty of reasonable care comparable to that of similar professionals in the community
Standard of care (children)
Children must act like other children their age
Standard of care (parents)
Parents have a duty of care if they knew or should have known the child would commit the tort
Duty to aid
Generally, there is no duty to render aid or to rescue someone
No duty to aid or rescue, but
if you begin to render aid, you owe reasonable care
Special relationships, definition
certain relationships under which you always owe a duty to aid or rescue
Types of special relationships under which you must always render aid include:
Parent/child
Innkeeper/guest
Airline/flyer
Three categories of person entering another’s land
Unknown Trespasser, Known Trespasser/Licensee, and Invitee
Duty owed to Unknown Trespassers
No duty owed
Duty owed to Known Trespassers/Licensees + example of licensee
Duty to warn of known dangers
Licensees are people coming to your house, usually socially
Duty owed to Invitees + example of invitee
Duty to warn, clean up, and make safe
Invitees are usually in a business situation, such as a supermarket
Breach
Failure to comply with level of care
Causation (4)
Actual cause, proximate cause, intervening cause, and superseding. cause
Actual cause
But for the ∆’s actions, no damage would have occurred
Proximate cause
Foreseeable
Intervening cause
Separate act which does not cut off liability because it was foreseeable
If foreseeable:
it was likely to occur and defendant pays no matter what
Superseding cause
Separate act that is so unforeseeable that it cuts off liability
