Mbe Florida -- Torts - Negligence -Duty -Statutory, Iied, Aff Duty To Act

Front 1

Where available, a PF can avoid the full RPP (or RPSP) analysis & may be able to utilize a statute

What is the function of looking to a statute in a negligence case?

Back 1

-- for PF's particular case
-- proof of statutory violation = conclusive proof of BREACH OF DUTY
-- does not leave require PF to show (or jury to understand) the vague, open-ended RPP concept

Front 2

Where available, a PF can avoid the full RPP (or RPSP) analysis & may be able to utilize a statute

In elevator example, how does utilizing a elevator regulation benefit the PF?

Back 2

e.g., PF falls down empty chute
-- statute establishes duty (anyone engaged in repair must use barrier, such as yellow tape) and breach (DF repair co did not provide barrier)
-- instead of "did DF repair company breach his duty to protect PF" which requires PF to analyze the RPP standard (e.g., cost/benefit analysis)

Front 3

Where available, a PF can avoid the full RPP (or RPSP) analysis & may be able to utilize a statute

When may PF borrow the statute ?

Back 3

-- PF can demonstrate, that with respect to a statute
-- Class of Persons: PF is within the class of persons that the statute is designed to protect
-- Class of Risk: PF's injury is within the class of risks that the statute is designed to protect

Front 4

Does Statutory Negligence apply in example of woman blowing up neighbor's apt because of lighting a J when woman had left gas on in her apt?

Back 4

-- statutory making Js illegal does not meet the Class of Persons / Class of Risk analysis
-- therefore, statutory negligence n/a and PF must litigate under the standard RPP / UTC standard

Front 5

Where available, a PF can avoid the full RPP (or RPSP) analysis & may be able to utilize a statute

What if X swerves over yellow line to avoid kid, causing oncoming car to hit tree?

Back 5

-- exception to Statutory Negligence rule: where compliance with statute would be more dangerous than violation
-- crossing over double line does protect same class of person / class of risk, but not appropriate to borrow statute

Front 6

Where available, a PF can avoid the full RPP (or RPSP) analysis & may be able to utilize a statute
What if X fails to stop at red stoplight because having heart attack & T-bones PFs car?

Provide another similar example

Back 6

-- YES: class of person / class of risk: designed to protect motorists from perpendicular traffic
-- EXCEPTION: to Statutory Negligence rule: where compliance is impossible under the circumstances
-- PF cannot use statute & must analyze DF's conduct under RPP/UTC (e.g., did DF have forewarning about condition, did DF diligently take medication)
-- e.g., blind pedestrian crosses against light

Front 7

In Florida, what is the negligence standard ...

death of 16yo elevator operator; statute imposes 18yo minimum age for elevator operators

Back 7

strict liability -- law designed to protect minors from their inability to protect themselves
e.g., violating child labor laws

Front 8

In Florida, what is the negligence standard ...

train hits car; RR company violated requirement to install RR crossing sign

Back 8

negligence per se (= conclusive proof)
-- law designed to protect motorists from train collisions

Front 9

In Florida, what is the negligence standard ...

kid drowns in pool; pool owner violated ordinance regulating pool protections (gate height, etc)

Back 9

negligence per se -- law designed to protect kids from pool drowning

Front 10

In Florida, what is the negligence standard ...

kid shoots X; gun sale to kid violates ordinance prohibiting sale of guns to minors

Back 10

strict liability -- law designed to protect minors from their inability to protect themselves

Front 11

In Florida, what is the negligence standard ...

drunk kid kills X driver after leaving open house party; ordinance prohibits open house parties

Back 11

negligence per se -- law designed to protect kids from consumption of alcohol / drugs

Front 12

In Florida, what is the negligence standard ...

X speeds & weaves through traffic

Back 12

-- evidence of negligence -- is not negligence per se (not conclusive proof)
-- statute designed to protect the public in general

Front 13

In negligence analysis, what is the treatment of traffic violations
-- in Florida
-- in MBE land

Back 13

-- in MBE land, such violations can be Negligence Per Se if Class Risk / Class Persons met
-- in Florida, traffic violations are merely evidence of negligence; PF must prove duty / breach under RPP/UTC analysis

Front 14

In Florida, what are examples of statutes designed to protect the public in general ?

Back 14

-- violating traffic regulations
-- leaving sponge inside surgical patient
-- violating crime of transmitting STD
== ALL are prima facie evidence of negligence, NONE are negligence per se

Front 15

X driving in a way meeting the RPP/UTC standard; hits black ice, crashing car & injuring passenger

Does X have a duty to assist his passenger X ?

Back 15

-- general rule: X under no duty to help PF
-- exception: where X created the peril (whether innocently or negligently); then X has duty

Front 16

What kind of pre-existing relationship will create a "duty to rescue"?

Back 16

-- innkeeper / common carrier
-- family
-- land occupier to invitee

Front 17

When does DF have an affirmative duty to act? Why is this generally true in tort law?

Back 17

-- in general, DF never has affirmative duty
-- if choose to drive, then must do so RPP, but can avoid all that by not driving
-- if choose to allow visitors on land, then duty, but can avoid by not allowing on land

Front 18

Does Florida have a Good Samaritan law?

Back 18

yes, but rescuer liable for ordinary negligence
therefore, any action to help must meet RPP / UTC standard

Front 19

To whom does Florida's Good Samaritan law provide protection?

Back 19

-- to health care providers in emergency rooms
-- to persons operating a defibrellator in an emergency

Front 20

When is a medical worker protected by Florida's Good Samaritan law?

Back 20

-- in an emergency room & obligated to provide care: health care provider not liable unless acted with reckless disregard for consequences to the life or health of another
-- in an emergency room & voluntarily render care to non-patients: health care provider not obligated unless acted willfully and wantonly

Front 21

what are the exceptions to "no duty to rescue" rule?

Back 21

-- where DF creates the peril (whether innocently or negligently)
-- pre-existing relationship: innkeeper / common carrier, family, land occupier to invitee

Front 22

how does one satisfy their "duty to rescue"?

Back 22

-- not expected to put own life at risk
-- only required to satisfy duty reasonably: call 911
-- does NOT satisfy unreasonably: in trying to pull drowning X from ocean, crush X's windpipe -- NOT reasonable

Front 23

X sees PF get hit by car. To move PF out of the road, X drags PF dislocating PF's shoulder.

Is X liable to PF for the dislocated shoulder ?

Back 23

-- general rule: X under no duty to rescue PF
-- exception: if X does act, X required to conform behavior to RPP / UTC standard
-- PF can recover if X's actions did not meet the RPP/UTC standard

Front 24

What is not Negligent Infliction of Emotional distress?

Back 24

e.g., car hits you & breaks your legs
entitled to medical costs, wages, pain and suffering
the pain & suffering element is compensation for the emotional distress caused by having broken legs

Front 25

When can a PF collect for Negligent Infliction of Emotional distress

Back 25

-- fear for one's own safety (eg, near miss); you were in the zone of danger
-- grief or anxiety upon witnessing injury to family member; exception to zone of danger
-- MUST HAVE physical manifestation of emotional distress ("impact rule")
-- (except Florida re: bystander rule)

Front 26

Can PF collect where DF causes PF to believe death is imminent ?

Back 26

-- if DF commits a negligent act that exposes PF to physical harm
-- AND the PF develops a subsequent physical manifestation of emotional distress
-- e.g., drunk pilot passes out onto controls; passenger has heart attack or miscarries
-- e.g., DR negligently confused patient files & gave PF false diagnosis of AIDS

Front 27

PF is inside her house while her child plays outside.

If DF runs over child, PF can collect if ...

Back 27

-- injured person is a close family member
-- (MBE) PF present when injury occurs & PF suffers physical impact
-- (Florida) PF sees or perceives injury (or arrives on the scene while injured party still there); no physical impact required

Front 28

At family viewing, Funeral Home accidentally displays body without head.

Can family sue Funeral Home?

Back 28

-- physical manifestation NOT required for mishandling of corpse
= Negligent IIED

Front 29

In giving out list of passengers on downed flight, airline rep quickly grabs list and, without checking, reads off names of different (not downed) flight.

Can family of passengers whose names were read collect?

Back 29

-- physical manifestation NOT required for erroneous report of relative's death
= Negligent IIED

Front 30

PF buys a coke & after drinking half of it, sees a used condom bobbing in the remaining brown liquid.

Can PF collect?

Back 30

-- physical manifestation NOT required when contaminated food item ingested
= Negligent IIED

Front 31

In what circumstances do the FL courts refuse to apply the "impact rule" of negligent IIED?

Back 31

-- where emotional distress is the primary foreseeable consequence
-- e.g., bystander sees or otherwise perceives injury to close family member
-- e.g., wrongful birth (deformed child)
-- e.g., negligent stillbirth (fatal pre-natal injury)
-- e.g., breach of fiduciary duty of confidentiality (psychotherapist to patient)
-- e.g., legal malpractice related to harm for protracted period of wrongful pre-trial incarceration