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11 Cards in this Set
- Front
- Back
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(1) The defendant owed a duty of care to the plaintiff (2) the defendant committed a breach of this duty (3) this breach was the actual and proximate cause of injury experienced by the plaintiff
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Proof of Negligence
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(1) A relationship between parties (2) Reasonable harm to the person injured (3) public policy concerns
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Factors determining duty
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A defendants violation of statutes, regulations and administrative regulations may create a breach of duty and may allow the plaintiff to win the case if the plaintiff (1) was within the class of persons intended to be protected by the statutes or other law, or (2) suffered harm of a sort that the statute or other law intended to protect against.
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Negligence Per Se
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When an act, force or event contributes to a plaintiff's injury was unforeseeable, most courts hold that it absolves the defendant of liability for harms that resulted directly from this
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Intervening causes
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An event sufficiently related to a legally recognizable injury to be held the cause of that injury.
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Proximate cause
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The thing speaks for itself. Applies when (1) the defendant has exclusive control of the instrumentality of harm (and therefore probable knowledge of, and responsibility for, the cause of the harm) (2) the harm that occurred would not ordinarily occur in the absence of negligence (3) the plaintiff was in no was responsible for his own injuries.
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res ipse loquitur
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Contribution negligence, Assumption of Risk, Comparative negligence and Comparative fault
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Negligence Defenses
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The plaintiff's failure to exercise reasonable care for their own safety.
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Contributory negligence
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Determination of the relative negligence of the parties and awarding damages in proportion of the negligence determined.
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Comparative Negligence
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Plaintiff's voluntary consent to a known danger
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Assumption of Risk
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Liability without fault, or more precisely, irrespective of fault
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Strict Liability
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