Liability Insurance Basics

Attractive Nuisance Doctrine

A party can be held liable for maintaining something on its property that appeals to curious children even though the children are trespassers.

Strict (absolute) Liability

Is imposed when an act or situation is inherently dangerous.

Licensee

A door-to-do salesman is an example.

Four Elements of Negligence

A duty of care, a breach of the duty of care, a proximal connection between the breach and the loss or damage, and damages resulting from the breach.

Attractive Nuisance Doctrine

A homeowner may be held liable under this if a neighborhood child accidentally falls into an unfenced swimming pool, even if there was a sign forbidding trespassers.

Invitee

A parcel delivery person is an example.

Invitee

A visiting guest is an example.

Vicarious Liability

An employer is held liable for damages resulting from the negligence of an employee who was acting in the course and scope of his or her employment is an example of...

Bill's children have grown up & moved away, but the tree house that he built for them now draws other neighborhood children despite his handmade "No trespassing" sign. IF a neighbor's child is injured by falling from the tree house, Bill might be held liable for the child's injuries under what legal doctrine or principle?

Attractive Nuisance

Which one of the following legally qualifies as an attractive nuisance? a. an ornate Christmas display in a neighbor's front yard that attracts spectators. b. a swimming pool in a homeowner's backyard that neighborhood children use without permission while owner is at work. c. an artfully painted garbage can behind a neighbor's garage that attracts flies. d. a billboard with a pretty picture on the side of the highway.

B. a swimming pool in a homeowner's backyard that neighborhood children use while owner is at work.

Matt, a parcel delivery driver, delivers a package to Christa's front porch where he is attacked by Christa's bulldog. In determining the degree of care that Christa owed to Matt, how would the courts probably classify Matt? a. as a solicitor b. as a trespasser c. as an invitee d. as a licensee

C. An invitee.

Trespasser

Enters the owner's property without consent.

True/False: People are not held responsible for injuries or damage even when they have not been careless or negligent.

False: People are held responsible.

Invitee

Has the owner's explicit permission to be on the premises.

Licensee

Has the property owner's implicit permission to be on the owner's property.

Liability Insurance

Involves tort law, which protects the rights of individuals from civil wrongs.

Strict Liability

Liability for injuries caused by blasting operations is an example of....

Strict Liability

Liability for injuries caused by wild animals kept in captivity is an example of...

Vicarious Liability

Liability where the parent who is responsible for torts committed by a minor child. Parent is liable for the injury or damage done by the child is an example of...

Punitive Damages

Only imposed when the defendant acted in an especially egregious manner.

Types of Liability

Strict (absolute) and Vicarious

Civil Damages

Two broad categories: compensatory damages and punitive

Compensatory Damage

Two types: special damages and general damages.

Strict Liability

Under what type of liability is the simple fact that the plaintiff was injured or that a plaintiff's property was damaged proves that the defendant breached his or her duty.

John let his 17 yr old daughter use his motorboat, knowing she was normally a responsible operator. One evening while fooling around, she collided with another boat causing injuries and property damage. Though John was not in the boat, he was found to be responsible for damages based on the doctrine of:

Vicarious liability

Vicarious Liability

When one person is legally responsible for the acts of another.