Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
6 Cards in this Set
- Front
- Back
|
Elements of Negligence Claim
|
1. duty of care
2. breach 3. factual cause 4. foreseeable harm 5. Injury (future damages cannot be speculative) |
|
|
Bystander Liability
|
An issue of duty
|
|
|
Landowner Duty
|
OWE DUTY TO REASONABLE CARE
1. Trespassers - only to avoid intentional conduct (exception for children: attractive nuisances) 2. Licensee - duty to warn of KNOWN dangers 3. invitee 0 reasonable care duty to avoid negligence |
|
|
Breach of Duty - Reasonable person test
|
1. Negligent hiring
2. negligence per se: "negligence by law" 3. Criminal acts of third parties |
|
|
contributory negligence
|
if plaintiff contributes at all, they cannot win case
|
|
|
Strict Liability
|
-Ultra hazardous activity
-if anyone is hurt no matter what happens, you're liable "strictly liability" |
