Chapter 7 (Negligence)

Superseding cause

An unforeseeable intervening event that breaks the connection between a wrongful act and an injury to another. Relieves a defendant of liability for injuries caused by the intervening event.

Comparative negligence

Enables both the plaintiff's and the defendant's negligence to be computed and the liability for damages to be distributed accordingly. Compares the negligence of the plaintiff and the defendant.

Duty of landowners

Expectation of landowners to exercise reasonable care to protect individuals coming onto their property from harm.

Negligence

Failure to exercise the standard of care that a reasonable person would exercise in similar circumstances. An action that is not done intentionally. 4 factors to succeed in an action of negligence: 1. duty, 2. breach, 3. causation, and 4. damages

Reasonable person standard

How a reasonable person would have acted in the same circumstances. It is society's judgment of how an person should act.

Strict liability

Liability regardless of fault. Doctrine that states that a person who engages in certain activities can be held responsible for any harm that results to others even if the person used the utmost care. Applies to things such as wild animals and explosives.

Causation

Must show that the breach caused the problem 1. Causation in fact - used to determine whether or not the injury would have happened as a result of the action. 2. Proximate cause - legal cause, which exists when the connection between an act and an injury is strong enough to justify imposing liability.

Assumption of risk

Occurs when someone voluntarily enters into a risky situation. It is limited to expected risk. 2 requirements of assumption of risk: 1. Knowledge of the risk 2. Voluntary assumption of the risk

Legally recognizable injury

Some loss, harm, wrong, or invasion of a protected interest that a plaintiff suffers.

Good Samaritan statutes

Someone who is aided voluntarily by another cannot sue the Good Samaritan for "negligence".

Negligence per se

"Negligence in and of itself" An act in violation of a statutory requirement.

Res ipsa loquitur

"The facts speak for themselves"

Foreseeable risk

Whether or not the damages as a result of the action were foreseeable. Were the damages foreseeable?

Contributory negligence

A plaintiff who was also negligent can not recover anything from the defendant.

Duty of professionals

An individual that has knowledge or skill superior to that of an ordinary person. An individual's conduct must be consistent with their status. Malpractice - professional negligence that violates duty of care towards a client.