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10 Cards in this Set
- Front
- Back
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Elements of a Prima Facie Case
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(i) A duty on the part of defendant to conform to a specific standard of conduct for protection
of plaintiff against an unreasonable risk of injury; (ii) A breach of that duty by defendant; (iii) The breach is the actual and proximate cause of plaintiff’s injury; and (iv) Damage. |
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To Whom is a Duty of Care Owed?
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To all foreseeable plaintiffs. The extent of the duty is determined by the
applicable standard of care |
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Foreseeable Zone of Danger (Cardozo View)
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A reasonable person would have foreseen a risk of injury to the Victim under the circumstances; i.e., Victim was located in the foreseeable
zone of danger. |
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When is a Rescuer a Foreseeable Plaintiff?
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A rescuer is a foreseeable plaintiff where defendant negligently put himself or a third person in peril
EXCEPTION firefighters and police officers may be barred by theA rescuer is a foreseeable plaintiff where defendant negligently put himself or a third person in peril (i.e., danger invites rescue). However, firefighters and police officers may be barred by the “firefighter’s rule” from recovering for injuries caused by the risks of a rescue.“firefighter’s rule” from recovering for injuries caused by the risks of a rescue. |
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Particular Standards of Care
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Professionals
Children Emergency Situations |
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Professional Standard of Care
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A professional or someone with special occupational skills is required to possess the knowledge and skill of a member of the profession or occupation in good standing in similar communities. Medical specialists will be held to a national standard of care.
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Standard of Care for Children
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Children are held to the standard of a child of like age, education, intelligence, and experience. This is a subjective test. A child under four is usually without the capacity to be negligent. Children engaged in adult activities may be required to conform to an “adult” standard of care.
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Standard of Care in an Emergency
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A defendant must act as a reasonable person would under the same emergency conditions. The emergency is not to be considered, however, if it is of defendant’s own making.
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4 Affirmative Duties to Act
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1) Assumption of Duty by Acting
2) Peril Due to Defendant’s Conduct 3) Special Relationship Between Parties 4) Duty to Control Third Persons |
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Assumption of Duty by Acting
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One may assume a duty to act by acting (e.g., once defendant undertakes to aid someone, he must do so with reasonable care)
NY EXCEPTION Good Samaritan statute, which exempts doctors, nurses, etc., from liability for ordinary, but not gross, negligence. |
