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28 Cards in this Set

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Do you take physical/mental handicaps into consideration for the reasonable person standard?
Physical - Yes
Mental - No (but you DO consider GREATER knowledge -- eg specialists, professionals)
What is the duty of medical informed consent?
Dr must provide paitent with enough info about risks to enable the patient to make an informed consent to treatment. If an undisclosed risk was serious enough that a reasonable person in the patient's position would have withheld consent to the treatment, Dr. breaches the duty.
What is the duty of care for common carriers?
Liable for slight negligence (very high standard of care).
What duty is owed by a car driver to passenger?
Ordinary care -- some guest statutes lower the standard for NON-PAYING riders to refrain from gross or wanton and willful misconduct.
What is the standard of care in emergency situations?
Emergency where time is of the essence, may consider as a special circumstance. Emergency circumstances may NOT be considered if it was D's own making.
What is the standard of care for natural conditions off of D's land?
No duty, except for decaying trees next to sidewalks or streets in URBAN areas
What is the standard of care for Artificial conditions off of D's land
No duty. 2 exceptions:

1) Unreasonably dangerous condition (artificial conditions/structures abutting adjacent land -- eg negligently permitting water to drain off your room to form ice on the sidewalk)

2) duty to protect Passersby (eg erecting a barricade to keep people from falling into an excavation at the edge of the property)
What is the duty owed to undiscovered trespassers?
1) No duty to unknown trespassers
2) No duty to inspect to see if people are coming on to the property
What is the duty owed discovered trespassers?
Exercise ordinary care:

1) Duty to warn, or make safe, ARTIFICIAL CONDITIONS known to the landowner that involve a RISK OF DEATH OR SERIOUS BODILY HARM that the trespasser is unlikely to discover.

2) No duty for natural conditions and less dangerous artificial conditions
What duty is owed to "Anticipated Trespassers"?
Treated the same as discovered trespassers.
What elements are necessary for the "Attractive Nuisance" doctrine?
1) Owner knows or should be aware of a dangeroius condition

2) Owner knows or should know that young people frequent the vicinity of the dangerous condition

3) Condition is likely to cause injury b/c child is unable to appreciate the risk

4) Expense of remedying is slight compared to the magnitude of the risk.

Most juris. now simplify it to consider the forseeability of harm as the basis of liability.
What duty do easement owners owe to trespassers
Reasonable care to protect (eg power operators)
What is a licensee and what duty is owed?
Enters land w/ the landowner's permission, express or implied, for HER OWN PURPOSE OR BUSINESS rather than the landowner's benefit. Includes social guests.

Duty to warn the licensee of a dangerious condition KNOWN to the owner that creates a risk of harm that the licensee is unlikely to discover. NO DUTY TO INSPECT.
What is an invitee and what duty is he owed?
Enters premises in response to an express or implied invitation of the landowner. 2 types:

1) members of public entering a public space (museums, churches, aiports)

2) Enter for a business purpose (store customers, employees, delivery-people)
What is the "firefighter's rule"?
Firefighters/police officers generally treated more like licensees rather than invitees (on public policy or assumption of risk grounds).
When does invitee lose status?
Exceeding the scope of the invitation.
What duty of care to invitees?
Same as licensees PLUS a duty to make reasonable inspection.
What is the modern trend regarding licensees/invitess?
Abolish the distinction b/w them and apply a reasonable person standard to dangerous conditions.
Are the following independent intervening forces?

1) Negligent acts of 3rd persons
2) Criminal Acts and intentional torts of 3rd persons
3) Acts of God
1) D liabile for harm where negligence was a foreseeable risk created by D's conduct

2) D liable where D's negligence created a foreseeable risk

3) Acts of God do NOT cut off liability if they are foreseeable.
Are the following independent intervening forces?

1) Negligent acts of 3rd persons
2) Criminal Acts and intentional torts of 3rd persons
3) Acts of God
1) D liabile for harm where negligence was a foreseeable risk created by D's conduct

2) D liable where D's negligence created a foreseeable risk

3) Acts of God do NOT cut off liability if they are foreseeable.
What are 2 nonrecoverable awards in negligence actions?
1) interest from date of damage in personal injury action

2) Attorney's fees.
What are 2 nonrecoverable awards in negligence actions?
1) interest from date of damage in personal injury action

2) Attorney's fees.
When is contributory negligence NOT a defense?
Contributory negligence is NEVER a defense for an intentional tort or willful or wanton misconduct.
What is required for assumption of risk?
1) P knew about the risk and 2) voluntarily assumed it.
When is contributory negligence NOT a defense?
Contributory negligence is NEVER a defense for an intentional tort or willful or wanton misconduct.
What is "pure comparative" negligence?
Allows recovery no matter how great plaintiff's negligence.
What is required for assumption of risk?
1) P knew about the risk and 2) voluntarily assumed it.
What is "pure comparative" negligence?
Allows recovery no matter how great plaintiff's negligence.