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26 Cards in this Set
- Front
- Back
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Proximate Cause |
Whether defendant’s actions had a sufficient connection/relation to plaintiff’s injuries to justify recovery |
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Proximate Cause Tests |
Direct cause test Foreseeability Test |
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Direct Cause |
Defendant will be held liable for damage caused as a direct result of his/her negligence |
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Reasonable Foreseeability |
Is the harm within the scope of danger created by defendant’s negligent act? |
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Extent of Harm |
Defendant is generally liable for the harm greater than what’s foreseeable, so long as it is of the type damage of the same kind |
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Eggshell Skull Rule |
Take your plaintiff as you find them, which includes any predisposed vulnerabilities. No excuse for liability |
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Shabby Millionaire Rule |
Similar to eggshell skull - if def. injures Someone really wealthy, then really wealthy costs of damages could ensue |
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Intervening cause |
Act by a third party after a defendant has already been negligent |
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Superseding cause |
Act by a third party after a defendant has been negligent that absolves defendant of liability |
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Superseding acts test |
1. It is a normal act 2. The Act is reasonably to be anticipated 3. The Act is within scope of risk created by defendant Test is applied based on foreseeability of intervening act, NOT foreseeability of harm |
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Medical Treatment and Superseding Acts |
Adverse consequences of medical treatment are usually NOT superseding acts. Medical treatment is usually reasonably foreseeable consequence of defendant’s negligence |
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Damage |
Plaintiff MUST suffer harm. Cannot sue if there is no harm or damage to the defendant |
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Duty |
A person owes a duty of care, reasonable or ordinary, to all persons in the world who they foresee could suffer injury or property damage as a consequence of their actions. |
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Limited Categories of No Duty |
1. Unforeseeable Plaintiffs 2. Non-Action 3. Pure Emotional Harm 4. Pure Economic Harm 5. Wrongful Birth/Life |
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Unforeseeable Plaintiff |
Duty is owed only to those who are foreseeable. Defendant’s negligence determines who is foreseeable - who is in the scope of risk? If one is not within scope of risk, no duty owed. |
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Non-Action |
Misfeasance v. Nonfeasance Misfeasance - Duty is owed. Nonfeasance - No duty owed, with exceptions. |
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Nonfeasance - Special Relationships |
Duty is owed in case of nonfeasance when special relationships exist: 1. Common carrier and passenger 2. Inkeeper-Guest 3. Business-customer 4. Family relationship 5. Employee-employee 6. School-Student |
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Common Carrier, Innkeeper, public Landowner Duty |
Common carrier is under duty to take reasonable action: 1. To protect passenger from reasonable sense of harm 2. Am I keeper is under similar duty to his guests. 3. A possessor of land who holds it open to the public owes similar duty |
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Defendant assumes duty |
One, who under no duty to do so, takes charge of another who is helpless to adequately help oneself, is subject to liability for bodily harm caused if: 1. Failure of actor to exercise reasonable care to secure safety of the other while within actors charge 2. If actor’s discontinuation of aid or protection leaves the other in worse position than when they originally took charge of them. |
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Rescue Doctrine |
“Danger invites rescue.” Duty of care is owed to rescuer by defendant that creates situation of danger. This negates a rescuer from voluntarily assuming the risk. |
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Rescue Doctrine Elements |
1. Defendant was negligent to person rescued by creating situation of danger 2. A reasonable person believes it is a situation of imminent peril 3. Rescuer does not act rashly or recklessly (not reasonably) |
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Firefighter’s Rule |
No duty owed for injury caused to professional rescuers in respect to negligent conduct that creates occasion for work. Exceptions: 1. Not part of an emergency situation 2. Injury results from dangers different than those typically faced by police. 3. Landowner conceals or lies about danger |
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No Duty to Warn Rule |
No duty to control or warn of another’s actions in case of nonfeasance, with exceptions. Special relationships like parent/child, employer/employee, landowner/entrant, chattel owner/user |
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Mental Healthcare professional’s Duty |
Duty may be extended to include safety of third parties. Limitations: 1. Must determine danger per standard of the profession 2. Specific and immediate threat of serious bodily harm 3. Victim be specifically identified or reasonably identifiable 4. Warning must be least expansive based on circumstances |
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Doctor/patient special duty |
1. When patient poses physical danger to foreseeable third party 2. Contagious disease - warn foreseeable third party victims, like family 3. Noncontagious? Depends on circumstances |
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Exceptions to No Duty Rule |
1. Special relationship to plaintiff 2. Defendant assumes duty to act 3. Defendant creates situation of danger 4. Contract/statute imposes duty |
