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24 Cards in this Set
- Front
- Back
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The failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances
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Negligence
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What are the four elements of negligence?
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1. Duty of Care
2. Breach of duty 3. Causation 4. Damages |
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For a plaintiff to win a negligence case against a defendant, each of the four elements must be proven by ___________.
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A preponderance of evidence
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The defendant, or accused wrongdoer, owed a duty of care (reasonable care) to the plaintiff or injured person
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Duty of Care
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List at least five examples of duty of care.
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Examples of Duty of Care:
Automobile drivers have a duty of care to … Other drivers, cyclists, pedestrians, driving safe for conditions What about police involved in a car chase Doctors to patients Homeowners to visitors Schools to students Parks, amusement parks, museums to public |
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What is the name of the imaginary character created by law to judge negligence cases?
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The “reasonable person of ordinary carefulness”
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What are the 3 items that the reasonable person considers when looking at a negligent act?
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1. How likely a certain harm is to occur
2. How serious would the harm be if it occurred 3. What would be involved (the cost) in avoiding the harm |
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Occurs when the defendant’s conduct breached or violated that duty of care
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Breach of Duty
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What percentage of all law suits involving negligence actually go to court to be resolved?
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Answer: 1 %
99% of all negligence lawsuits do not go to court because the defendant usually has insurance coverage that pays off the plaintiff |
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Are you responsible for the negligent conduct of your party guests?
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Parties – generally not responsible for the conduct of your guests unless you over serve them
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The reason an event occurs; that action or inaction which produces the negligence
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Causation
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If the harm would not have occurred without the wrongful act, the act is ____________.
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Cause in fact
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Exists when the link between the negligent conduct and the injury is strong enough to be recognized by the law.
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Proximate Cause
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To determine if proximate cause exists, courts use the ________.
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foreseeability test
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The court asks whether the injury to the victim was foreseeable at the time
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Foreseeability Test
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The injuries or losses suffered by one person due to the fault of another
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Damages
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What is the basic idea behind damages?
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The basic idea behind damages is that the plaintiff should be restored to his/her pre-injury condition, to the extent that this can be restored with money
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What are the 3 main defenses to negligence?
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1. Contributory Negligence
2. Comparative Negligence 3. Assumption of Risk |
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A defense against negligence whenever the defendant can show that the victim did something that helped cause (contributed to) their own injuries no matter how small a mistake
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Contributory Negligence
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The negligence of each party is compared and the amount of money a plaintiff can recover is reduced by the percent of his/her negligence
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Comparative Negligence
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With regard to the "comparative negligence defense," what is the 50% rule?
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“50% Rule” (used by most states) - If the plaintiff’s negligence is greater than the defendant’s negligence , then the plaintiff cannot recover any damages
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A claim made by a defendant against a plaintiff in a civil lawsuit
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Counterclaim
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A defense used against negligence that is raised when the plaintiff knew of the risk involved and still took the chance of being injured
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Assumption of Risk
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Can people who participate in extreme sports file negligence lawsuits?
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NO
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