AS 405 Quiz 2
Proximate Cause
"Legal Cause" Deals with foreseeability or unusual consequences of one's acts
Res Ipsa Loquitur
"The thing speaks for itself" -Plaintiff mus prove the accident wouldn't have happened if someone wasn't negligent -Must establish evidence showing injury was caused by defendant's negligence -Plaintiff must show the injury was not attributable to him
Who qualifies as a "foreseeable plaintiff"?
-Anyone in the "zone of danger" (majority view) -Anyone in the universe (minority view)
Attractive Nuisance
-Dangerous condition the owner should be aware of -Owner knows (or should know) that young people frequent the dangerous condition -The condition is likely to cause injury because children cannot anticipate the risk -The expense of remedying the situation is minor compared to the risk
How is a plane classified as "general aviation"?
-It's not commercial -It's not military That's it
General Aviation Revitalization Act of 1994
-Signed by Bill Clinton -Applies to GA aircraft -Type certificate or airworthiness certificate issued by the FAA -It is a Statute of Repose, NOT a Statue of Limitation Put in place to stop people from suing in 1992 for a defect in a plane made in 1943 Federal law, so it "preempts" any state law
Complaint
-You have 20 days to answer one filed against you Formalities: -Name of court -Name of parties -etc. 1 for each claim
Trespass to Chattels
An act which interferes with plaintiff's right of possession Conversion: Interference by plaintiff so serious enough to warrant defendant pay the full value of the chattel
Chattel
An article of personal property
Express Warranties
Applies when the seller makes any promise of the product "part of the bargain"
Assault
Apprehension to offensive touching
Strict Products Liability
Commercial Supplier vs. Casual Seller (like ebay or 2nd hand) -Casual seller can't be sued for products liability, but can be sued for negligence if they knew there was an issue that would cause harm to the buyer -Contributory negligence is not a defense -Comparative negligence IS a defense (It's not our fault if you misused the screwdriver)
Duty (Prima Facie Element)
Legal responsibility to do or not do something for protection of plaintiff -General duty imposed on all human activity-to act as an "ordinary, reasonably prudent person" would take precautions
Products Liability
Liability of a supplier of a defective product to someone injured by the product To bring a case, plaintiff must show: -A defect -Existence of defect when product left defendant's control
Kidnapping
MOVING someone against their will
Types of Defects
Manufacturing Defects -Defect happened in the assembly line -Leads to some defective products Design Defects -Defect was in the design -Leads to LOTS of defective products Inadequate Warnings -Manufacturer fails to tell you not to put your toaster in the bathtub
Misrepresentation of Facts must be...
Material: concerning quality, nature, or use of product which a normal buyer may be expected to rely -Puffing: exaggerating quality -Opinion Intent: by seller to induce reliance -Evidence made by label, advertisement Buyer's justifiably reliance, became a substantial factor in purchase
Anticipated Trespasser
Most courts view as equal to a discovered trespasser
Duties owed to the discovered trespasser
Must warn, or make safe, any artificial conditions known to the owner that involves risk of serious injury or death
Are employers responsible for the intentional torts of their employees?
No
Do you owe any duties to the undiscovered trespasser?
No
Battery
Offensive touching (slapping, spitting in someone's food counts too)
Invitee
One who enters onto the premises in response to an express or implied invitation of the owner -Those who enter as members of the public into areas meant for the public (airports, museums) -Those who enter for a purpose connected with the business The duty is to warn of non-obvious, dangerous conditions and to make reasonable inspections to discover dangerous conditions and make them safe
Licensee
One who enters the land with owner's permission, express or implied, for own benefit rather than landowner's benefit -You have a duty to warn them of KNOWN conditions, but no duty to inspect/repair them -A social guest at a party is a licensee
Trespasser
One who intentionally and without consent or privilege, enters another's property
General Damges
Pain and suffering (permanent injury, emotional distress, etc.)
Last Clear Chance Doctrine
Part of contributory negligence Even if plaintiff is contributory negligent, they are not barred from recovery if defendant had an opportunity to avoid the accident
Special Damages
Personal injury, medical expenses, lost earnings, property damage repair costs, etc.
Trespass to Land
Physical invasion of a plaintiff's "real" property (as in "real estate"
Contributory Negligence
Plaintiff, by their actions, contributes to their injuries, even if only 1% contributory -Completely bars plaintiff's right to ANY recovery
Intentional Tort s
Prima Facie Case requires 4 things: -ACT by the defendant -INTENT to do the act -CAUSATION, it's the defendants fault I'm injured -DAMAGES (inferred or assumed)
Negligence
Prima Facie Elements: -Duty -Breach -Causation (Actual Cause/Proximate Cause) -Damages
Comparative Negligence
Pure Comparative Negligence (Florida): -Recovery no matter how great the plaintiff's negligence Ex: -100k in damages -Plaintiff is 30% negligent -Defendant is 70% negligent -Plaintiff pays defendant 30k -Defendant pays plaintiff 70k -Plaintiff comes out ahead by 40k Partial Comparative Negligence: -Depending on the court, plaintiff may only recover if he was 50% negligent or less than 50% negligent
Implied Warranty of Fitness for a Particular Purpose
Seller knows: -Particular purpose for which goods are required -Buyer is relying on sellers skill or judgement to select or furnish goods Ex: -Buyer: "I need a plane that will work at high altitude" -Seller: "This plane here will work at high altitude -That plane better work at high altitude
When suing for products liability, who do you go after?
The "chain of distribution" The manufacturer, assembler, wholesaler, retailer, etc.
Actual Cause
The injury would not have happend "but for" the defendant's action (or inaction) MUST have before you have proximate cause (but it's usually pretty easy to get)
Statute of Limitation
The window of time you have to open a case after an injury happens
Assumption of the Risk
To be a valid defense, the plaintiff must have known the risk and voluntarily assumed it
Negligence Per Se
Used for violation of a STATUTE (FAR's do not fall into this category)
Standard of Care
What would a reasonable, ordinary, prudent person do of the same physical, mental, knowledge Professionals: one who has a special skill -EMT, CFI, ATP
What standard are children held to when engaging in adult activities?
When engaged in adult activities, children are held to the same standards as an adult
Affirmative Defenses
Yes, an accident happened, BUT, defendant should not be held liable -Contributory Negligence -Assumption of the Risk -Comparative Negligence
Statute of Repose
You can't sue Piper for a defect in a plane made in 1948, it has to have been "originally purchased" within the past 18 years
Implied Warranties of Merchantability
Goods are of quality equal to that generally acceptable among those who deal in similar goods In English: My Pixel 2 should work as well as his Pixel 2
False Imprisonment
Holding someone against their will
When is general duty imposed?
If there is a foreseeable risk of injury to a foreseeable person
Answer to a complaint
4 options: -Admit -Deny (if you don't deny, it's admission of the allegation) -No Knowledge -Assert Affirmative Defense (assumes the complaint to be true, but attacks the plaintiff's legal right to bring an action)
Negligent Entrustment
Entrusting a dangerous article to another whom the lender knows (or should know) is likely to use it in a manner involving unreasonable risk of harm to others