Negligence and Proximate Cause
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
