Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/18

Click to flip

18 Cards in this Set

  • Front
  • Back
To whom is a duty owed?
A duty of reasonable care is owed only to those who could be reasonably injured by the D's conduct.
Cardozo defined a duty as:
"the risks reasonably to be precieved define the duty to be obeyed."
For a negligence claim, the plaintiff must prove: (DIP)
D- a DUTY to excercise reasonable care was owed to the injured plaintiff and that duty was breached by the defendant.
I-plaintiff or plaintiff's property was physically INJURED.
P- the plaintiff's injuries were PROXIMATELY caused by the defendant's breach of duty.
Prima facie case
1. Duty on the part of D to conform to a specific standard of conduct for protection of P against unreasonable risk of injury;

2. Breach of that duty by D;

3. The Breach is the actual proximate cause

4. Damage
There is no legal duty of care owed to:
passers by who are dragged onto the owner's land

motorists by golphers, unless the person is in the intended line of flight

a child not yet conceived.

by a life insurance company who knows of a life threatening medical condition

no civil or criminal duty owed by an uninvolved bystander to aid a person in peril UNLESS the Defendant created the peril.

no duty is owed by owners of a collapsed building to nearby business for economic harm caused by negligent collapse of the owner's building
Is there is duty to control the conduct of 3rd persons to prevent them from causing injury to others?
No, unless the defendant had the authority to control the conduct of the tortfeasor. (employer-employee but NOT employer-independent contractor; parent-child)
NY Good Samaritan law
NY extends good samaritan protection against anyone who voluntarily and without expectation of monetary compensation renders emergency medical assistance at the scene of an accident.
Is a duty owed for D's ommission (non-feasance?
Generally no, but if the non-feasance causes or increases the plaintiff's injuries, a duty will be imposed on defendant.
Insanity is not a defense in
Intentional or negligent torts
Are insane and intoxicated persons liable for injuries inflicted?
Yes
Can punitive damages be awarded for negligence?
No.
In NY, has punitive damages ever been sustained in a medical malpractice case?
No.
What are punitive damages used to accomplish?
Punitive damages are awarded to make a example out of the defendant and deter others from similar conduct.
Factual Causation
encompasses all results flowing from a defendant's conduct.
Proximate Cause
requires a close causal connection between the defendant's negligent conduct and the plaintiff's injury.
Five types of Causation are:
1.factual causation
2.cause in fact
3.legal cause
4.independent intervening cause (aka as superceding cause)
4.proximate cause
5.successive cause
In order to be liable for proximate cause the defendant's negligent conduct must have been:
a SUBSTANTIAL FACTOR in causing the plaintiff's injury.
Concurrent Cause
An injury may have more than one proximate cause. A plaintiff need only offer sufficient eveidence from which a jury may conclude that it was more probable than not that the injury was proximately caused (in whole or in part) by defendant.