Intentional Torts and Assault

A legal standard that applies to children. It requires them to act as a reasonable child of their age would, considering the circumstances.

The standard of care for children performing dangerous activities is the same as for adults. This is because they are expected to understand the risks involved.

A legal doctrine that allows a jury to consider whether a person's actions in an emergency situation were reasonable under the circumstances.

A legal standard that states individuals with mental disabilities are held to the same standard of care as those without mental disabilities.

The legal doctrine that considers the relationship between parties, the foreseeability of harm, and public policy when determining the duty of care for individuals with mental disabilities.

The idea that the standard of care increases with the level of risk associated with an activity.

Lower mental capabilities are not taken into account when determining someone's liability. The legal emphasis is on objective reasonable behavior.

Industry customs do not set the standard of care. It can be used as evidence to argue that the defendant was either negligent (sword) or not negligent (shield) depending on whether they followed the custom.

Personal customs do not set the standard of care. They are admissible evidence for the jury to consider. Example: A store policy that was not followed.

The concept that the event speaks for itself. The defendant had sole control of the instrument that caused the harm, and the harm was unlikely to happen without negligence.

A defendant's conduct, despite knowing it's likely to cause serious harm, with a high probability of a negative outcome, is reckless. They have knowledge of the risk, and a low cost to avoid it.

Proving causation requires proving three elements: 1. But-For causation: The injury would not have happened without the defendant's conduct. 2. Proximate causation: The defendant's conduct was a direct cause of the injury. 3. Superseding cause: There was no intervening event that broke the chain of causation between the defendant's conduct and the injury.

A legal duty owed by a landowner to a child trespasser to avoid creating a dangerous condition that could harm them.

Entry onto a landowner's property for business purposes or convenience, with the landowner's consent.

The standard of care owed by a landowner to licensees for dangerous activities.

The standard of care owed by a landowner to licensees for dangerous conditions on the property.

Someone who enters a property with the owner's knowledge and for their shared benefit, like a customer or business associate.

The standard of care owed by a landowner to invitees for dangerous activities.

The standard of care owed by a landowner to invitees for dangerous conditions on the property.

The legal duty of a landowner to act with reasonable care to avoid causing harm to children.

An artificial condition, like a pool or a swing set, that attracts children to the property.

The landowner's awareness that children are likely to trespass on their property.

A legal principle that prevents police and firefighters from suing for injuries sustained while performing their duties in response to negligence.

A legal duty arises when someone voluntarily undertakes to help another person in need, requiring them to exercise reasonable care and not worsen the person's situation.

A legal obligation to prevent harm to others, often arising in specific relationships like those between healthcare professionals and their patients.

A healthcare worker's duty to warn identifiable individuals of potential harm from their patient when a serious risk of violence is determined.

The threat must be specific, immediate, and communicated to a mental health professional against a clearly identified or readily identifiable person.

A healthcare worker's duty to warn a patient's immediate family members of potential harm from a communicable disease.

The healthcare worker must have a special relationship with the patient, be aware of the disease, and be able to identify the family members at risk.

A healthcare professional is required to provide the least restrictive warning possible to fulfill the duty to warn.

A healthcare professional's duty to warn is discharged by taking appropriate steps, such as notifying the authorities, warning specific individuals, or taking other reasonable measures.

A legal principle that allows bystanders to recover damages for emotional distress if they are near the scene of an accident and witness a serious injury or death, eliminating the need for direct physical harm.

Requires a plaintiff to be physically close to the event when the harm occurs.

Requires that the plaintiff observe the event causing harm as it happens.

Requires that the plaintiff be closely related to the injured party to be allowed recovery for emotional harm.

Under the Dylan Rule, the injured party must experience serious bodily injury or death.

The legal principle barring recovery for purely economic losses (e.g., lost profits) without physical injury or property damage.

If property damage occurs, economic losses (lost revenue, wages) can be claimed alongside the property damage.

Businesses need to secure insurance for economic losses as they are not protected by mere economic loss rules

No duty owed to protect an individual's economic interests unless there's a direct injury or a special relationship.

Economic loss, such as lost income, is not considered a traditional injury for legal purposes.