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