Negligence Law Overview

Accidents are unintentional events resulting in injuries, death, or property damage, which can occur with or without fault of parties involved.

Intentional torts involve deliberate actions causing harm, while unintentional harms occur due to negligence or accidents.

The three perspectives of negligence law are the victim, the party, and society.

<p>The five goals are deterrence &amp; accident prevention, compensation, economic efficiency, administrative efficiency, and fairness.</p> Signup and view all the answers

<p>Strict liability refers to the responsibility for damages or injuries without the need to prove negligence or fault.</p> Signup and view all the answers

<p>Duty refers to the legal obligation of the defendant to exercise a certain level of care to avoid harming others.</p> Signup and view all the answers

<p>Deterrence aims to reduce accidents and unsafe conduct by creating financial responsibility for accidents.</p> Signup and view all the answers

<p>An affirmative defense is a legal strategy where the defendant introduces credible evidence to negate liability.</p> Signup and view all the answers

<p>Statler v. Rat Mfg extends product liability beyond just customers to innocent bystanders.</p> Signup and view all the answers

<p>The plaintiff argued there was a special relationship as parents entrusted their minor children to the school district.</p> Signup and view all the answers

<p>The court held that the duty of due care is not based on foreseeability of harm.</p> Signup and view all the answers

<p>Lucy created a risk of harm by texting while driving, while Alex created a risk by texting her knowing she was driving.</p> Signup and view all the answers

<p>Reasonable care sets the standard for how a person should act to avoid causing harm to others.</p> Signup and view all the answers

<p>A court might find liability if the manufacturer failed to exercise reasonable care in ensuring safety for users of their products.</p> Signup and view all the answers

<p>Limited duty rules involve exceptions where the general principle of reasonable care may not apply fully, such as in certain situations involving invitees, licensees, and trespassers.</p> Signup and view all the answers

<p>Compensatory damages can be covered by insurance, while punitive damages, aimed at punishment, usually cannot.</p> Signup and view all the answers

<p>The staircase's open handrail violated building codes, indicating a failure to ensure safety.</p> Signup and view all the answers

<p>A plaintiff must show that a legal duty was owed, that it was breached, and that this breach caused injury, resulting in damages.</p> Signup and view all the answers

<p>It allows a plaintiff to hold multiple defendants liable for the full extent of damage when both contributed to a single injury, even if it is unclear who caused it.</p> Signup and view all the answers

<p>Market-share liability holds all manufacturers of a product identical to the one that harmed a plaintiff liable in shares proportional to their market share, applied in cases where it was impossible to identify the specific manufacturer of the drug DES.</p> Signup and view all the answers

<p>It was unknown which defendant's pellet caused Summers' injury as both shot simultaneously at a quail.</p> Signup and view all the answers

<p>Plaintiffs struggled to identify the specific manufacturer of the DES drug that their mothers ingested, as numerous companies produced it without distinct branding.</p> Signup and view all the answers

<p>In the DES cases, all plaintiffs experienced common injuries, while in Brenner, the injuries manifested in different ways among individuals.</p> Signup and view all the answers

<p>The two tests are the But-For Test and the Substantial Factor Test.</p> Signup and view all the answers

<p>The statute of limitations determines how long plaintiffs have to bring a claim, which can limit their ability to seek damages if too much time has passed since ingestion.</p> Signup and view all the answers

<p>Tice and Simonson contended that they were not jointly acting and that it was impossible to pinpoint which of them caused Summers' injuries.</p> Signup and view all the answers

<p>The court allowed the use of market-share liability, enabling them to sue multiple manufacturers collectively even without identifying the specific source.</p> Signup and view all the answers

<p>A plaintiff must prove causation, demonstrating a direct link between the product and the injury sustained, even amid market-share liability considerations.</p> Signup and view all the answers

<p>The plaintiff argued that Tatiana’s death resulted from the defendant's negligent failure to warn her of danger.</p> Signup and view all the answers

<p>The Tarasoff Doctrine establishes that a psychotherapist has a duty to warn known third parties when they are at risk of danger from a patient.</p> Signup and view all the answers

<p>The court held that Delta Tau Delta owed a duty of care to Johnson, sending the case to trial.</p> Signup and view all the answers

<p>Johnson was classified as an invitee under Indiana law.</p> Signup and view all the answers

<p>The defendant argued that they owed no duty to protect Johnson from unforeseeable criminal acts of a third party.</p> Signup and view all the answers

<p>An Amicus Brief provides additional relevant information or arguments to assist an appellate court.</p> Signup and view all the answers

<p>The court applied the Totality of the Circumstances test to evaluate the duty owed to Johnson.</p> Signup and view all the answers

<p>An invitee is owed a duty to warn about dangers and to take reasonable steps to fix hazards.</p> Signup and view all the answers

<p>The court found no sufficient evidence to prove that the National Fraternity had assumed a duty of care for Johnson.</p> Signup and view all the answers

<p>As the foreseeability of crime increases, the duty of care required from landowners also increases.</p> Signup and view all the answers

<p>The test determines whether a landowner may owe a duty based on the existence of similar prior incidents in the area.</p> Signup and view all the answers

<p>A licensee has a lower standard of care owed to them by landowners compared to an invitee, who receives greater protection.</p> Signup and view all the answers

<p>Under the Special Harm Test, a landowner only owes a duty if they knew or should have known about specific harmful acts occurring.</p> Signup and view all the answers

<p>Lodge could have better secured the sliding door and ensured all doors were locked upon guest check-in.</p> Signup and view all the answers

<p>A breach can lead to liability for damages if the invitee suffers harm as a result of predictable criminal acts.</p> Signup and view all the answers

<p>McCarty's failure to lock her door contributed to the incident, which led the defendant to argue that she was partly responsible for the breach of care.</p> Signup and view all the answers

<p>The Hand Formula is used to determine negligence by comparing the burden of taking precautions to the probability and potential severity of harm.</p> Signup and view all the answers

<p>A person is considered an invitee if they enter the land for potential pecuniary profit, benefiting both parties.</p> Signup and view all the answers

<p>The duty owed to a licensee includes preventing traps, avoiding willful or wanton conduct, and warning of known dangerous conditions.</p> Signup and view all the answers

<p>It established the customs of the construction industry, which helped determine whether Hagerman's actions fell below the standard of care.</p> Signup and view all the answers

<p>The defense argued that the trial court erred by allowing testimony on industry standards, claiming it was irrelevant and prejudicial.</p> Signup and view all the answers

<p>American Industries was the landowner and was held not responsible for Johnathan's injuries due to lack of evidence of negligence.</p> Signup and view all the answers

<p>It determines if a defendant can be held liable if their actions significantly contributed to the harm suffered by the plaintiff.</p> Signup and view all the answers

<p>Proximate causation was pivotal as it determined if Lodge's failure to secure the door was directly linked to the harm experienced by McCarty.</p> Signup and view all the answers

<p>The but-for test indicates that harm would not have occurred 'but for' the defendant's actions, while the substantial factor test assesses if the defendant's actions were a significant cause of harm regardless of other factors.</p> Signup and view all the answers

<p>The court determined Johnathan was not an invitee due to a lack of evidence proving he was invited for mutual benefit in a public building.</p> Signup and view all the answers

<p>The 'reasonably prudent person' standard assesses whether a defendant acted similarly to how a reasonable person would in similar circumstances.</p> Signup and view all the answers

<p>A plaintiff must demonstrate that the landowner had control over the premises and knowledge of a dangerous condition.</p> Signup and view all the answers

<p>J.C. Penny was held liable because they sold the highly flammable coat, which significantly contributed to Smith's injuries.</p> Signup and view all the answers

<p>A landowner has a duty to warn invitees of known dangers and to inspect for unknown dangers.</p> Signup and view all the answers

<p>The Tupperware party analogy illustrates that guests are considered invitees if there is potential pecuniary profit involved.</p> Signup and view all the answers

<p>Copeland presented testimony from expert witnesses regarding industry standards and practices related to covering openings on construction sites.</p> Signup and view all the answers

<p>The highest NY Court affirmed the jury's finding for the plaintiff, establishing that a causal connection between the defendant’s negligence and the injury must be shown.</p> Signup and view all the answers

<p>The type of glass was significant because it did not meet safety standards, which was a breach of care expected from the building owner.</p> Signup and view all the answers

<p>The Landowner-Occupier Trichotomy refers to the three legal statuses for individuals entering the land: invitee, licensee, and trespasser.</p> Signup and view all the answers

<p>It allows a plaintiff to claim injuries resulting from multiple negligent acts without needing to separate the injuries caused by each act.</p> Signup and view all the answers

<p>This is termed contributory negligence.</p> Signup and view all the answers

<p>The appeals court found no evidence that American Industries retained control or had actual knowledge of the staircase's defects.</p> Signup and view all the answers

<p>Gross negligence was deemed not necessary for recovery since Johnathan was classified as an invitee by the trial court.</p> Signup and view all the answers

<p>The trial court ruled that the testimony regarding industry standards was relevant to the determination of negligence.</p> Signup and view all the answers

<p>The but-for test was not applicable because it would have excluded one of the defendants responsible for the injuries.</p> Signup and view all the answers

<p>The court referenced the Restatement (Second) of Torts § 360, evaluating whether children could be classified as invitees based on landowner expectations.</p> Signup and view all the answers

<p>Fugere suffered significant lacerations to her liver and dental damage, which were attributed to the combined impact of two crashes occurring in rapid succession.</p> Signup and view all the answers

<p>Subsequent rulings determined that the status of an individual on land does not affect the owner's duty to act reasonably.</p> Signup and view all the answers

<p>A counterargument could state that the lodge failed to take reasonable steps to secure the door, which is part of their duty of care.</p> Signup and view all the answers

<p>The defendants argued that the fall was caused by the man's weakness and not solely due to the broken step.</p> Signup and view all the answers

<p>The standard duty owed to a trespasser is to avoid traps and refrain from willful or intentional harm.</p> Signup and view all the answers

<p>Joint and several liability means that multiple tortfeasors can be held responsible for the same injury and the plaintiff can recover from any one of them for the total damages.</p> Signup and view all the answers

<p>Her failure to provide this evidence weakened her argument that the Lodge breached its duty of care by not implementing those measures.</p> Signup and view all the answers

<p>A child can be considered an invitee if the landowner knows that children will be on the property and does not take necessary precautions.</p> Signup and view all the answers

<p>The court found that there was no legal relationship establishing Johnathan as an invitee, leading to the assessment of his status as a licensee or trespasser.</p> Signup and view all the answers

<p>The trier of fact determines the credibility of the evidence and decides on the questions of fact related to the negligence claim.</p> Signup and view all the answers

<p>The jury found against Enoco Gas and Bunko-Ramo, indicating that their actions did not significantly cause Smith's harm.</p> Signup and view all the answers

<p>The determination of duty is primarily based on policy considerations, as it is a legal question.</p> Signup and view all the answers

<p>The final ruling was that American Industries was not liable for Johnathan's injuries due to insufficient evidence of negligence.</p> Signup and view all the answers

<p>A plaintiff must provide evidence that reasonably infers a connection between the defendant's actions and the harm suffered.</p> Signup and view all the answers

<p>Breach of duty is assessed by determining if the defendant's conduct fell below the standard of care expected of a 'reasonably prudent person.'</p> Signup and view all the answers

<p>A party is liable for negligence if they ignore an accepted practice or custom and that disregard is the proximate cause of injuries.</p> Signup and view all the answers

<p>The two types of causation are actual cause and proximate cause.</p> Signup and view all the answers

<p>The tugboat operators breached their duty of care by failing to equip their vessels with radios, despite no industry standard requiring it.</p> Signup and view all the answers

<p>Damages refer to the legally recognized losses suffered by the plaintiff due to the defendant's breach of duty.</p> Signup and view all the answers

<p>The State of the Art Doctrine allows plaintiffs to assert that defendants should have implemented new safety technologies even if they weren't standard.</p> Signup and view all the answers

<p>The burden of proof for negligence is 'preponderance of the evidence,' meaning it must be more likely true than not.</p> Signup and view all the answers

<p>The court found that all users of a public space owe a general duty of care to others using that same space.</p> Signup and view all the answers

<p>The court held that Goodman did not breach his duty by failing to get out of his car to check for trains.</p> Signup and view all the answers

<p>The court determined that getting out of the car is an uncommon practice and does not constitute a breach of duty.</p> Signup and view all the answers

<p>The plaintiffs argued that the defendants created a risk of harm due to poor safety measures and lack of control during the event.</p> Signup and view all the answers

<p>The primary issue was whether Ferrell's breach of Alaska's safety statute constituted negligence.</p> Signup and view all the answers

<p>The court identified that the product must be dangerous if negligently made, and that harm could extend beyond the immediate purchaser.</p> Signup and view all the answers

<p>The holding emphasizes that while custom is important, it does not replace legal duty and a failure to adhere can result in liability.</p> Signup and view all the answers

<p>Privity refers to the direct relationship between parties involved in a contract or obligation.</p> Signup and view all the answers

<p>An affirmative defense is a response where the defendant acknowledges the plaintiff's claim but provides a justification, such as the plaintiff's own fault.</p> Signup and view all the answers

<p>The plaintiff succeeded because the defendant acted contrary to how a reasonably prudent person would have acted by ignoring warnings about the fire risk.</p> Signup and view all the answers

<p>The failure to ensure that their equipment was up to date, despite the presence of weather warnings, led to a breach of duty.</p> Signup and view all the answers

<p>The main argument was that Reed's daughter made an error in judgment by attempting to cross the tracks before the streetcar arrived.</p> Signup and view all the answers

<p>The court held that Pokora did not breach a duty by failing to check for trains outside of his car.</p> Signup and view all the answers

<p>'Remanded' means that a case is sent back to a lower court for further action or a new trial.</p> Signup and view all the answers

<p>Expert testimonies were crucial in establishing the points of impact and the behaviors of both drivers.</p> Signup and view all the answers

<p>Foreseeability is not part of duty analysis; it is considered a policy determination rather than a fact-specific issue.</p> Signup and view all the answers

<p>Mrs. Johnson's loading and pointing of the shotgun at the door demonstrated a lack of proper handling technique.</p> Signup and view all the answers

<p>The court ruled that the sudden-emergency standard did not apply because the defendants had enough time to make reasonable judgments.</p> Signup and view all the answers

<p>A plaintiff must prove that a duty was owed and that the duty was breached.</p> Signup and view all the answers

<p>The case demonstrates that victims have a duty of self-preservation, but that duty is context-specific and can evolve over time.</p> Signup and view all the answers

<p>The defendant must show that the plaintiff has not met their burden of proof on any one of the elements of a prima facie case.</p> Signup and view all the answers

<p>The standard measures their actions against a reasonably prudent person who has the same disability.</p> Signup and view all the answers

<p>The court found that the 18 feet of visibility was insufficient for Goodman to safely gauge the train's approach.</p> Signup and view all the answers

<p>The reasonable person standard serves as a benchmark for assessing whether actions taken are negligent based on societal expectations.</p> Signup and view all the answers

<p>The age of the defendant, being only 13, brought into question how reasonable behavior is defined for a child in a negligence case.</p> Signup and view all the answers

<p>The court decided that the emergency did not amount to a situation requiring a sudden-emergency instruction, as they were responsible for creating it.</p> Signup and view all the answers

<p>Both sides blamed each other for the crash, complicating the determination of who had breached their duty of care.</p> Signup and view all the answers

<p>There was sufficient evidence to support a claim of negligence regarding the handling of the firearm by the defendant.</p> Signup and view all the answers

<p>The principle established is that an individual’s poor judgment does not imply that another party was negligent.</p> Signup and view all the answers

<p>The appellate court affirmed because the situation did not necessitate an immediate response, making the standard reasonable-person applicable.</p> Signup and view all the answers

<p>The court analyzed whether the defendant’s conduct aligned with that of a reasonable person given the risk posed.</p> Signup and view all the answers

<p>If the defendant created the emergency situation, this would prevent the application of the sudden-emergency doctrine.</p> Signup and view all the answers

<p>The ruling suggests that different standards are applied for minors, considering their limited experience and judgment.</p> Signup and view all the answers

<p>They found her guilty because she misjudged her ability to cross the tracks before the oncoming train.</p> Signup and view all the answers

<p>Generally, there is no duty to act for the benefit of another.</p> Signup and view all the answers

<p>Siegrist had a special relationship with the deceased and knew or should have known of the peril they were in.</p> Signup and view all the answers

<p>The majority approach requires one to continue aid until a professional takes over, while the minority approach holds one responsible if they leave the victim in a worse situation.</p> Signup and view all the answers

<p>The court found that Yania, as a reasonable adult, chose to jump into the water and was aware of the risks.</p> Signup and view all the answers

<p>They were considered invitees because they were industry professionals engaging in coal mining for potential profit.</p> Signup and view all the answers

<p>The psychologist failed to warn Tarasoff of Poddar's intention to kill her.</p> Signup and view all the answers

<p>Poddar was not mentioned in the civil case because the focus was on the failures of the psychologist and the university system.</p> Signup and view all the answers

<p>A special relationship may include connections such as jailer-prisoner, parent-child, or teacher-student.</p> Signup and view all the answers

<p>It refers to a situation where an individual has caused a perilous circumstance through their actions.</p> Signup and view all the answers

<p>It refers to the three categories of individuals on property: invitees, licensees, and trespassers.</p> Signup and view all the answers

<p>It means that the default assumption in law is that individuals are not obligated to assist others unless exceptions apply.</p> Signup and view all the answers

<p>Siegrist initiated medical assistance but then made it impossible for others to provide aid.</p> Signup and view all the answers

<p>Individuals are accountable for their own choices, especially when aware of the associated risks.</p> Signup and view all the answers

<p>The case suggests that therapists may have a duty to breach confidentiality to warn potential victims of harm.</p> Signup and view all the answers

<p>Negligence per se holds a defendant liable for negligence if they violate a law meant to protect a specific class of people from certain harms.</p> Signup and view all the answers

<p>Circumstantial evidence can be sufficient if it allows for reasonable inferences about the defendant's negligence, as shown in cases like Clark v. Kmart Co.</p> Signup and view all the answers

<p>The three categories of harm are wrongful death, property damage, and personal injury.</p> Signup and view all the answers

<p>Bryne v. Boadle illustrates Res Ipsa Loquitur by presuming negligence from the mere fact that an accident occurred, specifically the flour barrel incident.</p> Signup and view all the answers

<p>A plaintiff must demonstrate that they are part of the protected class intended to be covered by the statute and that the harm suffered aligns with what the statute aims to prevent.</p> Signup and view all the answers

<p>Constructive notice implies that the defendant should have been aware of the dangerous condition, indicating negligence even if no one directly witnessed the event.</p> Signup and view all the answers

<p>The court held that the absence of a lifepreserver did not directly cause Grimstad's death, as his inability to swim was a more immediate factor.</p> Signup and view all the answers

<p>Duty is established when a defendant creates a risk of harm through their actions or violates laws that protect others.</p> Signup and view all the answers

<p>The industry standard serves as a benchmark to determine whether a defendant acted as a reasonably prudent person would in similar circumstances.</p> Signup and view all the answers

<p>Exclusive control indicates that only the defendant could have caused the accident, supporting the presumption of negligence under Res Ipsa Loquitur.</p> Signup and view all the answers

<p>The holding in Corey v. Havener determined that both motorcyclists were culpable; thus, duty was established as they created a risk of harm.</p> Signup and view all the answers

<p>The key question is whether circumstantial evidence is sufficient to imply negligence without direct eyewitness testimony.</p> Signup and view all the answers

<p>The existence of a cleaning schedule could support the defendant's claim of adherence to safety practices, potentially reducing liability.</p> Signup and view all the answers

<p>It is essential because only individuals within the protected class can claim a breach under the statute's provisions.</p> Signup and view all the answers

<p>The primary duty owed is to warn the licensee of any known dangers on the property.</p> Signup and view all the answers

<p>The key factor was that the defendant had actual knowledge of the dangerous condition but failed to warn the plaintiff.</p> Signup and view all the answers

<p>Contributory negligence refers to the plaintiff's failure to exercise reasonable care, which is an affirmative defense raised by the defendant.</p> Signup and view all the answers

<p>Rowland v. Christian removed the landowner/occupier trichotomy, establishing that landowners owe reasonable care to all individuals on their property.</p> Signup and view all the answers

<p>The attractive nuisance doctrine requires that landowners take special precautions to prevent harm to children who might be attracted to dangerous conditions on their property.</p> Signup and view all the answers

<p>Siegrist allegedly owed a duty to obtain medical assistance for Farwell due to their special relationship as companions in a social venture.</p> Signup and view all the answers

<p>The court indicated that in social relationships, there is an implicit understanding that one companion must look after the other's safety.</p> Signup and view all the answers

<p>The court evaluated whether the defendants had actual knowledge of the dangers and whether they failed to act accordingly.</p> Signup and view all the answers

<p>The cracked handle represented a concealed danger that the defendant failed to address or warn about, which led to injury.</p> Signup and view all the answers

<p>A seminal case is a landmark case that establishes significant legal principles and influences subsequent decisions.</p> Signup and view all the answers

<p>The traditional common law approach focused on a trichotomy of invitees, licensees, and trespassers, while the modern approach applies a standard of reasonable care to all.</p> Signup and view all the answers

<p>This phrase underscores the universal duty of care owed to others, irrespective of their status on the property.</p> Signup and view all the answers

<p>The Carlisle rule extended invitee status to members of the public invited into public buildings.</p> Signup and view all the answers

<p>Reasonable care is the standard by which landowners are judged regarding their responsibilities to prevent harm to others on their property.</p> Signup and view all the answers

<p>The jury applied a standard of care for a reasonably careful child, while Robinson argued that an adult standard of care should have been used.</p> Signup and view all the answers

<p>The court held that minors participating in inherently dangerous activities should be held to an adult standard of care.</p> Signup and view all the answers

<p>Age categories include 0-7 as inculpable, 7-14 as rebuttable, and 15-18 as capable.</p> Signup and view all the answers

<p>The negligence identified was the failure to have an employee aboard the barge, which resulted in the inability to observe and mitigate potential dangers.</p> Signup and view all the answers

<p>The Hand Formula states that negligence liability exists if the burden of taking precautions (B) is less than the probability of injury (P) multiplied by the gravity of the injury (L), represented as B &lt; PL.</p> Signup and view all the answers

<p>The main issue was whether the Lodge was negligent for not providing adequate security that could have prevented the attack on McCarty.</p> Signup and view all the answers

<p>The ruling reflects public policy by establishing that minors should be held to an adult standard of care when engaging in activities that pose significant risks, thus promoting safety.</p> Signup and view all the answers

<p>Carroll Towing Co. is significant for establishing the Hand-Risk Calculations as a framework for evaluating negligence in tort law.</p> Signup and view all the answers

<p>The court concluded that the bargee's absence constituted a breach of duty, contributing to the negligence claim against Carroll Towing Co.</p> Signup and view all the answers

<p>The minority approach is unique because it considers an adult standard of care only when minors engage in inherently dangerous activities, deviating from the majority common law approach.</p> Signup and view all the answers

<p>The factors to evaluate are the burden of adequate precautions (B), the probability of harm (P), and the degree of harm (L).</p> Signup and view all the answers

<p>Anderson's appeal was affirmed, maintaining that the adult standard of care applies to activities like operating a snowmobile.</p> Signup and view all the answers

<p>The proximate cause of McCarty's injuries was the intruder's entry through an unlocked door, which the Lodge failed to secure.</p> Signup and view all the answers

<p>The context of WWII heightened the stakes in shipping and safety protocols, making the negligence in Carroll Towing Co. particularly significant due to the valuable cargo and busy harbor.</p> Signup and view all the answers

<p>It means evaluating a child's actions based on what a reasonable child of the same developmental stage would do in comparable circumstances.</p> Signup and view all the answers