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18 Cards in this Set

  • Front
  • Back

A private or civil wrong or injury, other than a breach of contract, suffered by an individual as the result of another person's conduct


Three levels of tort

- Intentional

- Reckless misconduct/willful and wanton

- Negligence

Unintentional tort that causes injury to a person in the form of physical injury, property loss, or reputation


Omission vs. Commission

Omission = should have but didn't do

Commission = did but shouldn't have

Four Elements of Negligence

- Duty

- Breach of duty

- Proximate cause

- Damage or harm

ALL must occur or be proven

Three sources of duty

- Inherent relationship (parent/child)

- Voluntary assumption (obligation to perform using appropriate standard of care

- Statutes (specify duties of on party to another, Negligence per se)

Established by showing that a person of ordinary intelligence and circumspection reasonably should have been able to predict the consequences of an action or a failure to act


Administrative/supervisory negligence

Liable for their own negligence but not for the negligence of subordinate personnel

Corporate entity liability

- Doctrine of respondeat superior (vicarious liability)

- Can be liable if employee was acting within the scope of their responsibilities and committed simple negligence

Acts that are beyond the scope of the responsibilities and authority of the employee and these acts relieve the corporate entity of liability via respondeat superior

Ultra Vires Acts

Limiting Corporate Liability by Contract

- Lease facilities

- Independent contractors

- Indemnification agreement

- Waivers

Legal Obligations of a Safe Premise

- Duty of Inspection

- Duty to remove or repair dangerous conditions

- Duty to make the facility reasonably safe

- Duty to warn of hidden dangers (open and obvious)

Occurs when the employer knows or should have known of an applicant's dangerous or violent propensities, hire the individual, and give the employee the opportunity to repeat such violent behavior

Negligent Hiring

When an employer fails to discharge an employee when there are indicators of an employee being unfit as related to criminal or psychiatric attributes

Negligent Retention/Supervision

A tort recognizing a past employer's responsibility to warn a prospective employer of the abusive or violent behaviors of a past employee (passing the trash)

Negligent Referral

Risks that are created by provider behavior that is greater than negligence

Enhanced risks

May be intervening act/cause. Must be independent of the original act, capable in itself of creating the injury, and must not have been foreseeable by the party committing the first act

Proximate Cause

Compensable injury

- Economic loss

- Physical pain and suffering

- Emotional distress

- Physical impairment