Unintentional Torts

Front 1

Negligence

Back 1

Can be many things. Is not a breach of contract, because a breach of contract is a breach of contract.
When no previous duty or contract exists between parties the courts impose a legal duty on one who allegedly caused injury to the other.
First, there must be foreseeability.
Elements:
(1) duty of reasonable care
(2) breach of duty (beyond what a reasonably prudent person would do)
(3) conduct was proximate cause (and that proximate cause was forseeable and there was causation in fact, Pelsgraf v LIRR)
(4) injuries

Front 2

Foreseeability

Back 2

Could the defendant reasonably foresee the likely results of his or her conduct?
An aspect of proximate cause. is established by proof that the actor, as a person of ordinary intelligence and circumspection, should reasonably have foreseen that his or her negligent act would imperil others, whether by the event that transpired or some similar occurrence, and regardless of what the actor surmised would happen in regard to the actual event or the manner of causation of injuries

Front 3

Malpractice

Back 3

When a physician, dentist or attorney acts negligently. Shares elements with Negligence.
(1) duty of reasonable care
(2) breach of duty (beyond what a reasonably prudent person would do)
(3) conduct was proximate cause (and that proximate cause was forseeable, Pelsgraf v LIRR)
(4) injuries

Front 4

Proximate Causation

Back 4

An event which is closest to, or immediately responsible for causing, some observed result. Used to define the outer limits of liability for the consequences of ones actions.
Elements:
(1)causation in fact
(2) foreseeability.

Front 5

Causation in Fact

Back 5

"But For" test.
"But for the negligence, would the event that caused the injury have occurred."

Front 6

Independent Intervening Cause

Back 6

When an unforeseeable, force or action, occurring independently. For the defendant to be relived of their liability under this doctrine, the force or action must be entirely independent and have no connection or correlation with the original negligence.

Front 7

Contributory Negligence

Back 7

common-law defense to a claim based on negligence, an action in tort. It applies to cases where plaintiffs/claimants have, through their own negligence, contributed to the harm they suffered.
Burden of proof on defendant to prove negligent conduct of plaintiff/claimant.

Front 8

Comparative Negligence

Back 8

Jury must apportion the relative degrees of fault of the plaintiff and the defendant in causing the injury and reduce the judgement by the percentage of fault contributed by the plaintiffs.

Front 9

Assumption of the Risk

Back 9

relieves the liability for an injury if it can be shown that the plaintiff had advance knowledge of the risk and had voluntarily exposed him or herself to the danger.

Front 10

Liability Law

Back 10

Law pertaining to legal responsibility for one's acts or omissions

Front 11

Breach of Warranty

Back 11

When individuals are harmed by an unsafe product, they may have a Cause of Action against the persons who designed, manufactured, sold, or furnished that product.

Front 12

strict liability

Back 12

Strict liability, sometimes called absolute liability, is the legal responsibility for damages, or injury, even if the person found strictly liable was not at fault or negligent.

Front 13

strict products liability

Back 13

In a strict liability claim, fault is not an issue. In these cases, the court does not decide what level of precaution is appropriate. Instead, anyone engaged in the activity is responsible for the full cost of the activity, including any accidents. This gives an incentive for the individual to determine the optimal level of prevention necessary to avoid injury.

Front 14

class-action suits

Back 14

a lawsuit brought by a representative member of a large group of people on behalf of all members of the group

Front 15

contingency fee agreements

Back 15

In a contingency fee agreement the client is not charged an up front fee but agrees to give the lawyer a certain percentage of the money received if you win or settle your case out of court. If you lose, the lawyer does not receive a fee but you may still have to pay any court costs and other expenses that are involved

Front 16

Summary Judgement

Back 16

A procedural device used during civil litigation to promptly and expeditiously dispose of a case without a trial. It is used when there is no dispute as to the material facts of the case and a party is entitled to judgment as a Matter of Law.

Front 17

Stipulation

Back 17

an agreement or concession made by parties in a judicial proceeding (or by their attorneys) relating to the business before the court; must be in writing unless they are part of the court record

Front 18

special relationship doctrine

Back 18

Special relationship doctrine is a legal principle that makes the state liable for the harm inflicted on the individual by a third party provided that the state has assumed control over the individual which is sufficient to trigger an affirmative duty to provide protection to that individual.

Front 19

Wrongful Death Action

Back 19

The taking of the life of an individual resulting from the willful or negligent act of another person or persons.

Front 20

Pain and Suffering

Back 20

physical and emotional stress caused from an injury.