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41 Cards in this Set

  • Front
  • Back
assumption of risk
doctrine that says a plaintiff may not recover from injuries received when he voluntarily exposes himself to a known risk.
attractive nuisance
a potentially dangerous object or condition of exceptional interest to young people.
comparative negligence
rule in some states apportioning damages according to the comparative contribution of the negligence of parties. a jury will allocate liability between plaintiff and defendant depending on their degree of culpability based on 100%.
contribulatory negligence
prevents a plaintiff from collecting any damages if the plaintiff's negligence contributed towards the injury.
good samaritan statutes
laws that protect a person who reacts in an emergency situation by trying to help a sick or injured person or someone in peril.
independent contractor
one who contracts to do wrk for another but maintains control of method of accomplishing work.
invitee
one who comes to an establishment for its business purpose; directly or indirectly connected with that business.
last clear chance
used by plaintiffs in certain negligence cases to support their argument that defendant should be liable for failing to prevent injury, even if negligent acts of plaintiff initially put plaintiff in peril.
licensee
someone tht's been given permission by owner or occupier to enter or remain on property.
negligence
breach of a legal duty to act reasonably that is the direct cause of injury to another.
negligence per se
when a defendant has voilated a law or ordinance designed to protect safety of public.
nondelegable
a duty that can't be assigned (or delegated) to another.
preexisting condition
prior physical impairment, which may or may not be aggrevated, in event of injuries suffered due to negligence.
prima facie
such evidence as will suffice to establish a cause of action until contradicted and overcome by other evidence.
proximate cause
direct and immediate foreseeable connection between a breach of duty and a resulting injury.
rescue doctrine
a person who, through his negligence, jeopardizes the safety of another person, may be liable to a third person (the rescuer) who attempts to save the person at risk and suffers injuries in the process.
res ipsa loquitur
"the thing speaks for itself" frees plaintiff from burden of proving specific breach of duty committed by defendant. it applies where an accident would not morally happen without negligence and the instrumentality causing the injury was in the defendant's exclusive control.
respondeat superior
"let the master (employer) answer" liability of employer for acts of its employees
strict liability
doctrine that imposes all ricks of an ultrahazardous activity ipon those who engage in it.
strict products liability
doctrine that imposes liability on seller of a defective product without regard to negligence.
trespasser
one who enters a place without permission of owner or occupier.
within scope of employment
futherance of duties performed for the employer.
constructive notice
condition has existed for a sufficiently long period of time, such that the facility should have discovered the problem in the ordinary course of monitoring the premises.
expert witness
a witness w/ superior knowledge about a subject due to education and or/experience
insurer
one who is generally obligated to compensate another for losses.
act of God
a happening now controlled by power of humans, but rather from direct, immediate and exclusive operations of forces of nature.
bailee
person receiving possession of goods or personal property.
bailment
a trasfer of possession of goods or personal property from a person in possession of the property to another with the understanding that the property with be returned.
bailment for sole benefit of bailee
the bailor receives no benefit from bailment
bailment for sole benefit of bailor
bailee receives no benefit from bailment
bailor
owner of goods or personal property who transfers such property to a bailee.
concessionnaire
independent contractor who provides a service to a hotel's guests.
conspicuous
out in the open; easily seen
constructive bailment
bailment created by law rather than by the parties agreeing.
equitable estopeel
legal principle that precludes a person from claiming a right or benefit that might otherwise have existed because that person made a false representation to a person who relied on it to his or her detriment.
infra hospitium
"within the inn" doctrine states that under common law hotels were liable as insurers for guests' property on hotel premises.
limiting liability statutes
laws that restrict an innkeepers' liability for property loss in exchange for strict statutory compliance by innkeeper.
merchandise samples
samples of goods for sale brought to a hotel by a salesperson-guest
mutual-benefit bailment
exists when both parties receive some benefit from bailment.
prima facie liability rule
states that hotelkeepers are liable for property loss only if loss occurs throught their negligence; if loss results from some other cause, the innkeeper is not liable.
public enemy
an exception to the absolute liability rule applicable when losses are suffered during war time and/or as a result or terrorist activities.