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19 Cards in this Set
- Front
- Back
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res ipsa loquitur (pronounced rehs ehp-suh low-quu-duhr) |
a doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. The facts speak for themselves |
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assumption of risk |
a defense against negligence that can be used when the plaintiff is aware of a danger and voluntarily assumes the risk of injury from that danger |
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business invitee |
those people, such as customers or clients, who are invited onto business premises by the owner of those premises for business purposes |
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causation in fact |
an act or omission without which (but for) an event would not have occurred. |
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comparative negligence |
a theory under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent on the basis of each person's proportionate negligence |
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contributory negligence |
a theory in tort law under which a complaining party's own negligence contributed to or caused his or her injuries. Absolute bar to recovery in a minority of jurisdictions |
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dram shop act |
a state stature that imposes liability on the owners of bars and taverns, etc, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers contributed to the intoxication |
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duty of care |
the duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure = tort negligence |
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good samaritan statute |
a state statute that provides that persons who rescue or provide emergency services to others in peril -- unless they do so recklessly, cannot be sued for negligence. |
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malpractice |
professional misconduct or the failure to exercise the requisite degree of skill as a professional. Failure to exercise due care. |
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negligence |
the failure to exercise the standard of care that a reasonable person would exercise in similar circumstances. |
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negligence per se |
an act (or failure to act) in violation of a statutory requirement |
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proximate cause |
Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability. |
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reasonable person standard |
the standard of behavior expected of a hypothetical reasonable person. the standard against which negligence is measured and that must be observed to avoid liability for negligence |
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strict liability |
liability regardless of fault. in tort law, strict liability may be imposed on defendants in cases involving abnormally dangerous activities, animals or defective products |
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Required elements for negligence |
duty, breach, damages, causation |
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gross negligence |
when a person intentionally fails to perform a duty in reckless disregard for the consequences to others |
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superseding cause |
an intervening event that relieves a defendant of liability for injuries caused by the intervening event. |
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danger invites rescue |
a person who is injured going to the rescue of another person can sue the person who caused the dangerous situation. |
