Torts Rules I Keep Missing - Negligence Flashcards
What are a lessor’s duties?
Landlords owe foreseeable persons on the leased premises a duty to use reasonable care to ensure the safety of common areas that remain. under the landlord’s control.
Are landlord’s liable for harm that occurs on the leased premises?
Generally no unless it’s in a common area.
When is there an affirmative duty to act?
When there is an assumption of a duty, creation of a risk, by contract, by authority, by relationship, by statute or it’s a land possessor.
When is there an affirmative duty to act if the defendant creates the risk?
A defendant whose conduct creates foreseeable risk of harm or places another in peril has duty to exercise reasonable care to prevent further harm by rendering care or aid.
What is an assumption of a duty?
A defendant who voluntarily aids or rescues another has duty to use reasonable care when rendering aid or performing rescue.
When does liability for negligent hiring arise?
When a defendant’s failure to use reasonable care in hiring a competent worker causes the plaintiff harm.
When is a defendant liable for negligent hiring?
When there is a causal connection between the defendant’s negligence in hiring the worker, the worker’s employment or job duties and the plaintiff’s harm.
In a medical malpractice case, when can res ipsa loquitor be used to infer all doctors were negligent?
If the patient suffered an unusual injury while unconscious and in the courtse of medical treatment and at least one member of the medical team had control over the plaintiff’s body or instrumentalities that might have caused the patient’s injury.
When do landowners have a duty?
Landowners have a duty of reasonable care when they know or should know that an activity on the land poses an unreasonable risk of physical harm to others.
What is the doctrine of res ipsa loquitor?
There is an inference of negligence when the plaintiff suffered harm that is usually caused by negligence and the evidiecne tends to eliminate other potential causes of that harm.
