Chapter 6
The reasonable person standard:
It's a test to determine if the defendant's actions were the same as those of a reasonable person
The legal principle that states that negligence may be inferred when the defendant violates a safety statute during the incident that injured the plaintiff.
Negligence Per Se
When the plaintiff can prove a breach of duty by showing that the defendant violated a statute.
Negligence per se
Someone who either through education, training or a combination of both, possesses skills that an average person does not.
Professional
An event that normally would not occur without negligence.
Res Ipsa Loquitur
Rick witnesses a car wreck and rushes to help one of the injured parties. While he is assisting the injured driver, he accidentally breaks the man's ribs. The man later sues Rick claiming that he violated a standard of duty to him. What is the likely result of this claim?
Rick will win because the standard of care in this situation is lower because it is an emergency
A professional who has achieved the highest level of training and expertise in a given field
Specialist
The advantage of a complaint based on res ipsa loquitur is:
That the defendant is presumed to have acted negligently
Which of the following is not an element of negligence per se?
That the defendant was sentenced for his safety violation
All of the following are elements of a Res Ipsa Loquitur claim, except:
That the plaintiff acknowledged that an injury was possible before it occurred
What is the standard of care for a professional?
The degree of care, skill and proficiency that would be exercised by a similar professional faced with the same or similar circumstances
In determining whether or not the defendant violated the applicable standard of care, the fact-finder is permitted to take into account which of the following characteristics?
Unusual or stressful events surrounding the incident
What is the standard of care for a specialist?
What any other specialist with similar training and background would have done under similar circumstances
Ron is blind. How does his blindness affect his standard of care?
. His standard of care will be that of a reasonable, blind person
Matt is driving home one day and as he crosses a bridge, it suddenly collapses. Matt is injured and wishes to sue. This case sounds like a classic example of:
. Res Ipsa Loquitur
A person who has achieved the highest level of training and expertise in a given field
A specialist
In preparing to give his testimony, an expert witness might refer to which of the following:
A. Discovery materials B. Depositions C. Police and other accident reports D. All of the above *
What is the second element of a negligence action?
Breach of duty
One way of determining whether or not a defendant breached his duty of care to the plaintiff is:
By evaluating the defendant's actions and comparing them to what a reasonable person would have done under similar circumstances
In a typical trial, who determines the standard of care?
The jury
Who is responsible for determining whether or not the defendant's actions fell within the applicable to standard of care?
The jury
Standard of care refers to:
The parameters of what the defendant's actions should have been toward the plaintiff
How is the standard of care affected when a person acts in an unusually brave manner or manifests an unusual degree of strength or skill to assist another person?
The standard of care for others is not affected
How does the standard of care change in an emergency situation?
The standard of care is modified; people are not expected to exercise the same degree of care and skill
Res ipsa loquitur actually means:
The thing speaks for itself