Negligence and Proximate Cause

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Substantial Factor

A cause that contributes significantly to the harm

Reasonably Prudent Person

A person of ordinary intelligence and perception who exercises reasonable care

Reasonable Rescuer

A rescuer who acts with ordinary care

Subsequent Injury

Additional harm caused by the original injury

Market Share Liability

Assigning liability based on the market share of a product

Intervening Cause

Cause that occurs after the defendant's negligence

The Unconceived

Defendants not liable for harm to future, unconceived plaintiffs

Proximate Cause

Determining if the harm was a foreseeable result of negligence

Learned Hand Test

Determining negligence based on the burden of avoiding risk

Causation in Fact

Establishing a causal link between the defendant's actions and the harm

Customary Practice

Evidence of care or lack thereof by a reasonably prudent person

Direct Evidence

Evidence that directly proves a fact

Public Policy

Exceptions to proximate cause based on societal considerations

Negligence

Failure to exercise reasonable care resulting in harm

Breach of Duty

Failure to meet the required standard of care

Compliance with Statute

Following the requirements of a statute

Damage

Harm or injury suffered by the plaintiff

Social Hosts

Hosts not held liable for harm caused by drunk guests

Circumstantial Evidence

Indirect evidence that implies a fact

Victim's Attempt to Escape

Injury caused by a victim trying to avoid harm

Superseding Cause

Intervening cause that cuts off the defendant's responsibility

Proximate Cause

Legal cause that is sufficiently related to the harm

Duty of Care

Legal obligation to exercise a certain level of care

Liability for Malpractice

Legal responsibility for professional negligence

Informed Consent

Patient's right to be informed of risks before a medical procedure

Malpractice

Professional negligence

Insane Person's Standard of Care

Standard of care applied regardless of mental capacity

Children's Standard of Care

Standard of care based on age, intelligence, maturity, and experience

Professional Standards

Standards of care for professionals in specialized fields

Cause in Fact

The action or omission that directly leads to the harm

Directness

The degree of connection between the defendant's negligence and the harm

Foreseeability

The extent to which the harm was predictable

Res Ipsa Loquitur

The thing speaks for itself; inference of negligence

Negligence Per Se

Violation of statute as evidence of negligence


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