Tort Law Concepts Quiz

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Questions and Answers

Which of the following accurately describes the concept of accidents in tort law?

Accidents can only result in property damage.

Accidents include intentional conduct leading to harm.

Accidents are predictable and preventable events. (correct)

Accidents always involve the fault of at least one party.

What is required from the plaintiff to prove negligence in a tort case?

Proof of intentional misconduct.

Proof of actual harm that is legally protected. (correct)

Proof of a written contract.

Proof of strict liability.

What does the term 'recklessness' refer to in the context of tort law?

Conscious disregard for a high risk of serious harm. (correct)

Accidents caused by negligence alone.

Emergency situations leading to unavoidable outcomes.

Deliberate actions intending to cause harm.

Which of the following is NOT one of the stated goals of negligence law?

Providing absolute immunity for defendants. Signup and view all the answers

Which element is essential for establishing a prima facie case of negligence?

Causation between the defendant's actions and the harm. Signup and view all the answers

How does accident law relate to economic efficiency?

It aims to minimize unnecessary legal complexities. Signup and view all the answers

What is an affirmative defense in tort law?

Evidence that negates criminal liability. Signup and view all the answers

Intentional torts include which of the following actions?

Battery involving harmful or offensive contact. Signup and view all the answers

What is the primary legal argument made by the plaintiff in the A.W. v. Lancaster County School District case?

The school district had a duty of care that was breached. Signup and view all the answers

In order to win a negligence claim, what does the plaintiff need to demonstrate?

The defendant owed a legal duty which was breached. Signup and view all the answers

Which case is cited as precedent for extending product liability to innocent bystanders?

Statler v. Ray Signup and view all the answers

What is a key distinction between compensatory damages and punitive damages?

Punitive damages address deterrence, whereas compensatory damages do not. Signup and view all the answers

What is the General Duty Principle of Reasonable Care?

The level of care expected from a reasonable person in similar circumstances. Signup and view all the answers

What aspect of duty does the defense argue in the A.W. case?

The defendant had no reason to foresee the assault. Signup and view all the answers

What does the holding in the A.W. v. Lancaster County School District highlight about foreseeability?

Foreseeability is unrelated to the duty of care. Signup and view all the answers

Which of the following statements about visitors to land is true?

Different duties are owed based on the status of visitors. Signup and view all the answers

What is the basis for the determination of duty in negligence cases?

Policy determination Signup and view all the answers

What must the plaintiff establish to prove negligence against the defendant?

That the defendant acted unreasonably Signup and view all the answers

Which of the following is a type of damage that can arise from a breach of duty?

Punitive damages Signup and view all the answers

In the context of proving negligence, what does 'burden of proof' entail?

The duty to persuade the jury Signup and view all the answers

What was the key issue in the Rudolph v. Arizona B.A.S.S. Federation case?

Whether there was a special relationship that created a duty Signup and view all the answers

Which of the following factors does NOT establish a duty of care?

Foreseeability of harm Signup and view all the answers

In the MacPherson v. Buick Motor Co case, what determined the existence of duty?

The nature of the product and its potential danger Signup and view all the answers

What is the standard against which a defendant’s conduct is measured in negligence claims?

A reasonable person's conduct Signup and view all the answers

What was the outcome when the Arizona B.A.S.S. Federation defendants filed for summary judgment?

The court found in favor of the defendants Signup and view all the answers

What implies that a defendant can succeed in a negligence claim?

The defendant proves that any element of the prima facie case is unmet Signup and view all the answers

What is the duty owed by all users of a public space according to the discussed case law?

To exhibit a reasonable standard of care towards others Signup and view all the answers

What was one argument the defendants presented in the Rudolph case?

They were not responsible for safety during the event Signup and view all the answers

Which legal principle defines the standard of care in negligence cases?

Reasonably prudent person standard Signup and view all the answers

What is typically required for the award of compensatory damages?

Legally recognized losses due to breach of duty Signup and view all the answers

What was the primary issue in the case of Rowland v. Christian?

Identifying the standard of negligence applicable to landowners Signup and view all the answers

What was the key factor that led to the plaintiff's injury in Rowland v. Christian?

The cracked bathroom faucet handle Signup and view all the answers

What principle did the Carlisle v. J. Weingarten case establish regarding public buildings?

Invitee status can extend to members of the public in public buildings Signup and view all the answers

In Rowland v. Christian, what duty did Miss Christian have towards Rowland?

To warn Rowland of known dangers Signup and view all the answers

What was the outcome regarding the landowner/occupier trichotomy in modern law as discussed in Rowland v. Christian?

It required reasonable care towards all individuals on the property Signup and view all the answers

What type of negligence defense is demonstrated in the Farwell v. Keaton case?

Contributory negligence Signup and view all the answers

Based on the findings in Rowland v. Christian, what constitutes negligence?

Duty combined with breach and actual harm inflicted Signup and view all the answers

What relationship between Siegrist and Farwell was identified as crucial in Farwell v. Keaton?

They had a special relationship due to shared activities Signup and view all the answers

What significant legal concept is illustrated by the attractive nuisance doctrine?

Children's attraction to dangerous conditions can create liability Signup and view all the answers

What was the initial ruling for the defendant in Rowland v. Christian?

Summary judgment was given to the defendant Signup and view all the answers

What was a crucial factor noted by the defendant in Farwell v. Keaton?

There was no explicit duty to obtain medical care Signup and view all the answers

Which aspect of negligence does contributory negligence refer to in the context of Rowland v. Christian?

The plaintiff's own failure to see danger Signup and view all the answers

What type of negligence concept was important to Farwell's case outcome?

Implied special relationship providing a care duty Signup and view all the answers

What was the primary reason the court determined that Johnathan was not considered an invitee?

American Industries did not invite him to the premises. Signup and view all the answers

Which party was found to be the owner of the building where Johnathan was injured?

American Industries Signup and view all the answers

What duty does a landowner owe to an invitee?

No traps, no willful conduct, and duty to warn. Signup and view all the answers

What legal status did the court assign to Johnathan during the proceedings?

Licenses Signup and view all the answers

What was a key argument made by the defense regarding Johnathan's status?

He was a trespasser since he was not a lessee. Signup and view all the answers

What was one of the reasons cited for the jury's initial ruling in favor of Ruvalcabas?

American industries did not perform regular inspections. Signup and view all the answers

What was the outcome for Ruvalcabas after American Industries appealed?

The court reversed the award for lack of evidence. Signup and view all the answers

What is a key requirement for establishing a duty of care according to the class notes?

Possessing a special relationship with the injured party Signup and view all the answers

In Yania v. Bigan, what was one of the main arguments made by the plaintiff?

Bigan taunted Yania leading to his jump Signup and view all the answers

What critical evidence was lacking in Ruvalcabas' argument?

Evidence that American Industries had inspected the premises. Signup and view all the answers

What does the majority approach regarding aid imply?

You must continue providing aid until professional help arrives Signup and view all the answers

Which legal principle did Ruvalcabas fail to prove in court?

That children are considered invitees everywhere. Signup and view all the answers

What was the trial court's ruling in Yania v. Bigan?

In favor of the defendant because of Yania's own actions Signup and view all the answers

What designation describes the type of relationship between Johnathan and his parent in the context of land use?

Licensee Signup and view all the answers

Which of the following is NOT considered a special relationship that can create a duty of care?

Stranger to stranger Signup and view all the answers

How did American Industries argue against being deemed negligent?

They had implemented safety measures. Signup and view all the answers

What did the court affirm in the appeal of Yania v. Bigan?

The decedent was negligent in his actions. Signup and view all the answers

In what way did the appellate court's role differ from that of the trial court?

The appellate court reviews legal principles. Signup and view all the answers

What determination was made regarding whether Johnathan was an invitee based on his age?

His age is irrelevant to status. Signup and view all the answers

What general rule is often noted regarding duty of care?

There is generally no duty to act for the benefit of another. Signup and view all the answers

What must landowners inspect for under the duties owed to a licensee?

Specific potential hazards. Signup and view all the answers

Which of the following best describes the outcome of Tarasoff v. Regents of University of California?

The university system was deemed responsible for warning the victim. Signup and view all the answers

How did the court rule in relation to the specifics of the staircase involved in the incident?

The staircase was not under American Industries' control. Signup and view all the answers

What is the central issue in the case of Tarasoff v. Regents of University of California?

Whether the psychologist had a duty to warn Tarasoff Signup and view all the answers

Which of the following statements about the Yania case is true?

Yania was a professional and aware of the risks Signup and view all the answers

Which concept outlines exceptions to the general duty of care rules?

Special relationships that establish duty of care Signup and view all the answers

What can be concluded from the ruling in Yania v. Bigan regarding adult decisions?

Adults must act reasonably and be aware of the risks. Signup and view all the answers

What key principle is illustrated by the Tarasoff case?

A psychologist can be held liable for not warning a potential victim. Signup and view all the answers

What is the primary reason for the Tarasoff Doctrine?

To establish a duty for psychotherapists to warn potential victims of danger. Signup and view all the answers

What principle allows a plaintiff to recover damages even when it cannot be determined which defendant caused the injury?

Indivisible Injury Rule Signup and view all the answers

Under Indiana law, how is Johnson classified in the Delta Tau Delta case?

Invitee Signup and view all the answers

In the context of the Brenner case, what legal concept allowed the plaintiffs to sue multiple manufacturers?

Market-Share Liability Signup and view all the answers

What legal test determines if a landowner owed a duty to protect an invitee from criminal acts?

Totality of the Circumstances Test Signup and view all the answers

Which of the following is NOT a requirement for proving causation in a strict-products liability case?

Establishing that the product was misused Signup and view all the answers

What argument did the defendants in Delta Tau Delta make regarding their duty to Johnson?

They owed no duty to protect against unforeseeable criminal acts. Signup and view all the answers

What does the Balancing Test assess in the context of landowner liability?

The burden to the landowner against the foreseeability of crime. Signup and view all the answers

What key factor complicates the ability to identify the manufacturer of DES pills taken by mothers?

The pills were all identical in appearance Signup and view all the answers

What was the key holding in the Delta Tau Delta case regarding their duty to Johnson?

DTD had a duty based on the Totality of the Circumstances Test. Signup and view all the answers

In tort law, proximate cause must be established before what can be pursued?

Seeking damages Signup and view all the answers

How does the Tarasoff Doctrine relate to third parties?

It identifies potential victims of a patient's threats. Signup and view all the answers

Which of the following best describes the outcome of Summers v. Tice regarding the liability of each defendant?

Both defendants can be held liable for the full extent of damages Signup and view all the answers

What did the court consider in applying the Totality of the Circumstances Test in Johnson's case?

All surrounding events and conditions. Signup and view all the answers

What is the implication of the statute of limitations on DES cases?

It has a cutoff date that varies by state Signup and view all the answers

What is a fundamental requirement for therapists when it comes to patient confidentiality?

They need patient permission or a statutory requirement. Signup and view all the answers

What distinguishes the cases of DES and Brenner in terms of the injuries experienced by plaintiffs?

DES involved common injuries while Brenner had varying symptoms Signup and view all the answers

What distinguishes an invitee from a licensee under common law?

An invitee has a higher duty of care owed to them. Signup and view all the answers

What action can be taken if a plaintiff cannot identify which specific manufacturer produced the product that caused harm?

The plaintiff can invoke market-share liability to apportion liability Signup and view all the answers

What type of brief is meant to provide relevant information to an appellate court?

Amicus Brief Signup and view all the answers

Why is confidentiality crucial in psychotherapy, according to the content?

It encourages openness and honesty in therapy. Signup and view all the answers

What constitutes gross negligence in the context of Menlove's case?

Ignoring warnings about hazards Signup and view all the answers

What is the significance of providing rape statistics in the Delta Tau Delta case?

To show the prevalence of assault among college women. Signup and view all the answers

In Reed v. Tacoma, what was the basis for the district court's jury instruction regarding contributory negligence?

The daughter's judgment to cross the tracks Signup and view all the answers

What is one of the key challenges for establishing a duty of care regarding criminal acts in property cases?

The specific crime must have been previously known. Signup and view all the answers

What standard of care did the trial court initially instruct the jury to use in Anderson's case?

The standard of care for minors Signup and view all the answers

What was a significant factor in determining negligence in Edwards v. Johnson?

The knowledge of prowlers in the neighborhood Signup and view all the answers

What was the primary argument made by Robinson regarding the standard of care?

That Anderson should be held to an adult standard of care Signup and view all the answers

What does the sudden-emergency doctrine require in a negligence case?

A near-instantaneous reaction due to the emergency Signup and view all the answers

What was the holding regarding the duty of care for minors engaged in inherently dangerous activities?

They should be held to an adult standard of care Signup and view all the answers

In Foster v. Strutz, why did the court reject the sudden-emergency instruction?

There was sufficient time to evaluate the situation Signup and view all the answers

What was the issue in the Carroll Towing Co. case concerning the absence of the bargee?

Whether it was a breach of duty of care Signup and view all the answers

What legal principle is established in Robinson v. Lindsay regarding negligence by minors?

Minors are judged against a standard of care for their age Signup and view all the answers

In the context of the Carroll Towing Co. case, what does the Hand Risk Calculation formula state?

B < PL indicates negligence liability Signup and view all the answers

What is the objective standard of negligence as established in Menlove's case?

It measures actions against a reasonable person's behavior Signup and view all the answers

In Reed v. Tacoma, what reason did Tacoma provide for the accident?

Contributory negligence by Reed's daughter Signup and view all the answers

What was determined to be the injury in the case pertaining to the 'Anna C' barge?

The total loss of the barge Signup and view all the answers

In McCarty v. Pheasant Run, Inc., what was the main allegation made against the Lodge?

The Lodge was negligent in security Signup and view all the answers

What is established by the holding in Edwards v. Johnson regarding firearm handling?

Improper technique can lead to liability for negligence Signup and view all the answers

What was the condition that allowed the intruder access to McCarty's room?

The sliding-glass door was unlocked Signup and view all the answers

What does the concept of contributory negligence imply in the context of Reed v. Tacoma?

The plaintiff cannot recover damages if partly at fault Signup and view all the answers

Which factor did NOT contribute to the trial outcome in Foster v. Strutz?

The defendants' preparation prior to the incident Signup and view all the answers

What distinction did the court make concerning the duty of care for minors?

Higher duties apply if engaged in adult activities Signup and view all the answers

What evidence was critical in proceeding with Edwards' negligence case?

The prior familiarity between Edwards and Johnson Signup and view all the answers

How does the minority rule approach differ regarding children in negligence cases?

It allows a rebuttable presumption about a child's capabilities Signup and view all the answers

What is the minimum age group classified as 'inculpable' in negligence cases?

0-7 years old Signup and view all the answers

In Robinson v. Lindsay, what was the outcome of the case concerning the minor's actions?

The minor was judged against the standard of care for his age Signup and view all the answers

What does the precedence of Johnson's knowledge of prowlers indicate in her negligence case?

It shows a heightened awareness of potential danger Signup and view all the answers

What conclusion did the court reach about Carroll Towing Co.'s negligence?

They were negligent due to lack of precautions during operation Signup and view all the answers

What factor is considered in the Hand Risk Calculation formula in determining negligence?

The burden to take precautions compared to the probability and gravity of injury Signup and view all the answers

What is required for a plaintiff to establish negligence per se?

The statute must relate to the conduct of the defendant. Signup and view all the answers

In Clark v. Kmart Co., what was the primary evidence used to support the plaintiff's claim?

Circumstantial evidence of loose grapes and footprints. Signup and view all the answers

What is the legal doctrine that allows for negligence to be presumed from the fact of an accident?

Res Ipsa Loquitur. Signup and view all the answers

What essential element must be proven to establish actual cause in a negligence case?

Connection between the defendant's conduct and the harm suffered. Signup and view all the answers

In Bryne v. Boadle, what did the court emphasize about circumstantial evidence?

It can establish negligence if it implies a breach of duty. Signup and view all the answers

What was the primary issue in New York Central R.R. Co. v. Grimstad?

Whether life preservers were present on the barge. Signup and view all the answers

What does 'exclusive control' refer to in the context of a negligence claim?

The defendant had sole responsibility over the object causing harm. Signup and view all the answers

How did the court rule regarding the duty of care in Corey v. Havener?

Both defendants were equally culpable. Signup and view all the answers

What is the consequence for a party that ignores an accepted safety custom and causes injuries?

They may be found liable for negligence. Signup and view all the answers

What type of harm is NOT classified as a category for negligence per se under Alaska statutes?

Emotional distress. Signup and view all the answers

What did the court conclude about the tugboat operators’ duty regarding radio equipment?

There was no liability since they were not required to have radios. Signup and view all the answers

What is required by the plaintiff to succeed in a claim involving Res Ipsa Loquitur?

Demonstrate the accident would not occur without negligence. Signup and view all the answers

In the case of Goodman, what did the Supreme Court conclude regarding his breach of duty?

He was not negligent due to visibility issues. Signup and view all the answers

In the context of negligence cases, what does the term 'circumstantial evidence' refer to?

Evidence that requires inference and reasoning. Signup and view all the answers

What does the State of the Art Doctrine allow a plaintiff to argue?

Someone can be negligent for not adopting new technology. Signup and view all the answers

In Pokora v. Wabash Ry Co, why did the court find that Pokora did not breach his duty of care?

Exiting the vehicle was deemed unnecessary. Signup and view all the answers

What can the plaintiff NOT rely on to prove negligence in a personal injury case?

Beyond a reasonable doubt. Signup and view all the answers

What was the verdict in Ferrell v. Baxter regarding Ferrell's potential negligence?

The trial court found Ferrell negligent. Signup and view all the answers

In the case of Eaton v. Eaton, which factor was crucial in establishing a breach?

Inability to control the vehicle. Signup and view all the answers

Which principle was emphasized in the rulings regarding negligence in the cases discussed?

Negligence is based on a reasonable person's actions. Signup and view all the answers

What was one result of the Kmart case regarding store safety?

New store safety policies were implemented. Signup and view all the answers

What was the critical issue in the case of Baltimore & Ohio R.R. Co v. Goodman?

The visibility of the train was hindered by physical obstructions. Signup and view all the answers

In the context of the discussed cases, how is the concept of negligence commonly defined?

Deviation from standard practices that result in harm. Signup and view all the answers

Which case established the principle that failure to equip with modern safety features can be seen as negligence?

T.J. Hooper. Signup and view all the answers

What did the appellate court determine was NOT a factor in the Ferrell v. Baxter case?

Weather conditions at the time of the accident. Signup and view all the answers

In the case of Pokora, what factor contributed heavily to ruling against his claim of negligence?

That getting out of the car could be unsafe. Signup and view all the answers

What did the trial courts conclude about the negligence ratio in cases where safety standards were ignored?

Negligence can be shared between several parties. Signup and view all the answers

What is a common misunderstanding about negligence as illustrated by these cases?

Common practices always indicate safe behavior. Signup and view all the answers

What was the primary argument of the defense in the case against the Lodge?

Mrs. McCarty did not lock her door. Signup and view all the answers

What was one of Mrs. McCarty's proposed safety measures for the Lodge?

Increase the number of security guards. Signup and view all the answers

In Hagerman Construction Inc v. Copeland, what was the basis for Copeland's negligence claim against Hagerman?

Neglecting to cover openings on the job site. Signup and view all the answers

What principle was utilized by the plaintiff in their argument regarding the Lodge's negligence?

Hand-Risk Calculation. Signup and view all the answers

What was a key reason for the court’s ruling in favor of the defendant in the Lodge case?

The door had been left unlocked. Signup and view all the answers

What was the outcome of McCarty's claim regarding the cost of additional safety measures?

She failed to provide evidence of cost. Signup and view all the answers

What standard of care is applied in negligence cases regarding construction practices?

The standard of a reasonable contractor. Signup and view all the answers

How did the defense argue regarding the relevance of industry standards in Hagerman Construction Inc v. Copeland?

They believed it was overly prejudicial. Signup and view all the answers

What was the significance of industry standards in establishing negligence in Hagerman's case?

They provided a benchmark for reasonable behavior. Signup and view all the answers

What was considered a low burden in the Lodge case's defense?

The burden of locking the door. Signup and view all the answers

What legal doctrine was introduced in discussing the defendant's lack of breach in the Lodge case?

Contributory negligence. Signup and view all the answers

What demonstrates the requirement for causation in a negligence case?

A direct connection to the breach. Signup and view all the answers

Why was the testimony from other jobs relevant in Hagerman Construction Inc v. Copeland?

To establish customary industry practices. Signup and view all the answers

What was a significant element that contributed to the Lodge case ruling?

Evidence of negligence was lacking. Signup and view all the answers

What was the relevant legal issue faced in the Trimarco v. Klein case?

The type of glass used in the shower door. Signup and view all the answers

What test determines if a defendant's actions significantly contributed to the plaintiff's harm?

Substantial Factor Test Signup and view all the answers

Why could the But-For test not be used in the scenarios described?

It dismisses other defendants. Signup and view all the answers

In Ingersoll v. Liberty Bank, how did the bank breach its duty?

By painting over a known defect instead of repairing it. Signup and view all the answers

What was a primary factor in the holding of the court in Ingersoll v. Liberty Bank?

A reasonable inference of connection between cause and harm needed to be demonstrated. Signup and view all the answers

What constitutes joint and several liability?

Each defendant is jointly liable for the entire amount of damages. Signup and view all the answers

Which of the following statements is a key difference between the Substantial Factor and But-For tests?

The Substantial Factor test can consider multiple factors at once. Signup and view all the answers

What was the outcome regarding J.C. Penny in the Pennye case?

They were not held liable for the plaintiff's harm. Signup and view all the answers

What are the two major tests for establishing causation in negligence cases?

Substantial Factor and But-For Signup and view all the answers

How did the court evaluate the harm from Fugere v. Pierce?

By applying the Single-Indivisible Injury Rule. Signup and view all the answers

What was a significant factor in evaluating whether Liberty Bank breached its duty?

The bank knew about the broken step and did not fix it. Signup and view all the answers

What type of evidence was crucial in establishing the severity of the injuries in Fugere v. Pierce?

Doctor's medical records supporting injury claims. Signup and view all the answers

Which of the following principles does the Single-Indivisible Injury Rule uphold?

Injuries from coincident occurrences can be treated as a single claim. Signup and view all the answers

In the case involving Smith's burned coat, who ultimately carried the liability?

J.C. Penny. Signup and view all the answers

Study Notes

Accidents

Accidents are unintentional events resulting in injuries, death, and property damage.
Accidents are often predictable and preventable.
Tort law recognizes strict liability, which is based on causation between an action and harm.

Culpability Spectrum

Intentional torts involve actions like battery and assault.
- Battery protects against harmful or offensive contact.
- Assault protects against the reasonable apprehension of harmful or offensive contact.
Unintentional harms include negligence and recklessness.
- Negligence requires proof of actual harm.
- Recklessness involves conscious disregard for a high risk of harm, falling between intentional misconduct and negligence.
Strict liability (no-fault liability) is another form of unintentional harm.

Negligence Law

Negligence law considers the victim, the party, and societal perspectives.
Its five goals are deterrence, compensation, economic efficiency, administrative efficiency, and fairness.
Affirmative defenses negate liability.

Elements of Negligence (Prima Facie Case)

Duty: Was there a legal obligation to exercise care? Duty is a legal question of policy, always decided by a court.
Breach of Duty: Did the defendant's conduct fall below the standard of care? The standard is the reasonably prudent person (RPP).
Causation (Actual and Proximate):
- Actual Cause: Was there a causal link between the defendant's actions and the plaintiff's harm?
- Proximate Cause: Did the defendant's duty include the type of harm the plaintiff suffered? This depends on foreseeability.
Damages: What legally recognized losses has the plaintiff suffered? Types include wrongful death, property damage, and personal injury. Compensatory and punitive damages.

Proving Negligence

Proof: Lawyers establish the elements of negligence by introducing evidence.
Burden of Proof: "Preponderance of the evidence" means more likely true than not. Proof involves both producing evidence and persuading the jury.
Defendant's success: The defendant succeeds if the plaintiff fails to meet their burden of proof on even one element.

Limited Duty Rules & General Duty Principle of Reasonable Care

General Duty Principle: The level of care a reasonable person would exercise under the circumstances.
Limited Duty Rules: Exceptions to the general principal. These exceptions include cases like MacPherson and Winterbottom.
Invitees, Licensees, and Trespassers: Different duties are owed to visitors based on their status (e.g., invitees vs. licensees)

Landowner/Occupier Trichotomy

Invitees: Potential Pecuniary Profit (PPP)
Licensees: Permission to be on the land, but not for PPP
Trespassers: Uninvited.
Duty owed to each: Differs depending on the land occupant status and potential harm.

Affirmative Defenses

A defense in which the defendant introduce evidence which, if plausible, negates criminal or civil liability.

Negligence Per Se

Negligence Per Se = a legal doctrine that holds a defendant liable for negligence if they violate a law or regulation. This establishes breach of duty in a shortcut.
Two key requirements: The plaintiff must be in the protected class the law is meant to protect, and the type of harm must be the type the law sought to prevent.

Res Ipsa Loquitur

"The thing speaks for itself." Circumstantial evidence that suggests negligence occurred.

Causation Tests

But-For Test: The harm would not have occurred "but for" the defendant's actions.
Substantial Factor Test: The defendant's actions were a substantial factor in causing the harm.

Joint and Several Liability, Single-Indivisible Injury

Joint and Several Liability: Multiple tortfeasors are jointly responsible for damages.
Single-Indivisible Injury Rule: If multiple events cause a single injury that cannot be split, one can hold all defendants responsible.

Causation Cases & Concepts (Summers v. Tice, Hymowitz v. Eli Lilly etc.)

Summers v. Tice: Multiple tortfeasors may be held responsible for injuries when the specific individual responsible cannot be identified.
Market-Share Liability: Holds all manufacturers proportionately liable for harm resulting from an ambiguous product. Used in situations where the specific responsible manufacturer is ambiguous.

Proximate Cause

Establishing proximate cause: A step required before analyzing damages.
Tort law: Purpose to establish liability for personal injury, death, and property damage.

State of the Art Doctrine

Standards of reasonable care can incorporate advances in technology or knowledge.

Physical Characteristics

If a defendant had a physical disability, the standard for reasonable care takes this into consideration.

Children’s Conduct

The standard for judging children's conduct is often different from that used for judging adults;
Determining liability is based on age, education, maturity, and experience. A rebuttable presumption can be used to determine if the child’s actions match their assigned age category.
Certain activities might be categorized as inherently dangerous or otherwise requiring an adult standard of care,

Week 3 Readings Summary

The T.J. Hooper: The absence of safety equipment (the radios) was negligent.
Baltimore & Ohio R.R v. Goodman, Pokora, etc.: The duty of care for road users depends on the time and place.
Ferrell v. Baxter: The statutes provide an alternative way to prove a breach of duty.
Clark v. Kmart: Circumstantial evidence can prove negligence, such as visible evidence that someone tripped on the grapes on the floor.
Byrne v. Boadle: Establishing negligence through circumstantial evidence including that no one could determine who was responsible.
Smith v. J.C. Penny:Multiple factors may contribute to an injury and the plaintiff must show that the defendant's actions cause the harm
Ingersoll v. Liberty Bank, etc.: In order to support a claim for negligence, a plaintiff has to show a causal connection between injuries and the defendant's negligence.
Fugere v. Pierce: The issue of liability arises when multiple acts of negligence occur within a short time frame, and injuries cannot be separated; under the theory, injuries caused by multiple, short events (especially within close time frames) can be grouped into one indivisible injury.
Hagerman Construction Inc v. Copeland: Industry custom is relevant evidence for breach of duty.

Specific Cases and Concepts (continued)

McCarty v. Pheasant Run, Inc.: The burden to take precautions must be weighed against the probability and severity of harm involved for liability to be established. A clear connection between the defendant's actions and the harm incurred must be shown.
New York Central R.R. Co v. Grimstad: Showing causation requires more than just establishing a general connection. The defendant's actions must have been a direct cause of the plaintiff's injuries; a plaintiff must demonstrate that the harm would not have occurred had the defendant not been negligent.
Corey v. Havener: A defendant can be liable if their action created a risk, irrespective of their intent to harm.

Hand Formula

B < PL = Negligence liability (Burden < Probability x Loss)

Examination Preparation

Understand the prima facie elements (duty, breach, causation, damages) of negligence to succeed with a negligence claim and know how to anticipate potential affirmative defenses.

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Description

Test your knowledge on the fundamental concepts of tort law, including negligence, accidents, and defenses. This quiz will challenge your understanding of key principles such as recklessness, negligence claims, and the differences between types of damages. Perfect for law students or anyone interested in legal terminology.