Negligence

Front 1

NEGLIGENCE

Back 1

1. Duty
2. Breach
3. Causation
4. Damages

Front 2

CAUSATION

Back 2

1. Causation in fact
a. but for
b. substantial factor
2. Proximate Cause

Front 3

PROXIMATE CAUSE

Back 3

1. Substantial factor
2. Harm within the risk
3. Foreseeability/ "probable and natural consequence
4. Direct consequence

Front 4

CONTRIBUTORY NEGLIGENCE

Back 4

A plaintiff who's negligence contributed proximately to cause the injury is completely barred from recovery.

Front 5

COMPARATIVE NEGLIGENCE

Back 5

Divides liability between the plaintiff and the defendant based on their relative degrees of fault.
1. Pure form - A plaintiff can recover for damages caused by the defendant even if the plaintiff was more at fault in causing the accident.
2. Modified 50% Rule: Only a plaintiff who is equally or less negligent than a defendant can recover. If the plaintiff is 51% responsible defendant has no liability.

Front 6

ASSUMPTION OF RISK

Back 6

If the plaintiff had the knowledge of and voluntarily assumed an unreasonable risk that defendant created, the plaintiff is barred from recovery.

Front 7

LAST CLEAR CHANCE

Back 7

The last clear doctrine applied whenever the defendant is aware of the plaintiff's danger and does not alleviate it, regardless of whether the plaintiff was helpless to avoid the danger or was inattentive of avoiding the danger.

Front 8

VICARIOUS LIABILITY

Back 8

Imputes the wrongful conduct of a tortfeasor to a third person who is considered to be responsible for the tortfeasor's actions. This responsibility arises out go a special relationship.

Front 9

RESPONDEAT SUPERIOR

Back 9

An employer is liable for the torts that employees commit while acting within the scope of their employment.