negligence
conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm
reasonable person standard
degree of care that a reasonable person would exercise in a given situation
duty of act
except in special circumstances, no one is required to and another in peril
(reasonable person standard) children and those with a physical disability
must conform to conduct of a reasonable person of like age, disability, intelligence, and experience
(reasonable person standard) mental disability
reasonable person standard applies despite disability
(reasonable person standard) superior skill or knowledge
professionals must exercise that same care and skill normally possessed by members of their professions
(reasonable person standard) emergencies
reasonable person standard applies, but the emergency is considered part of circumstances
(duties of possessors of land) duty to trespassers
not to injure intentionally
(duties of possessors of land) duty of licensees
to warn of known dangerous conditions licensees are unlikely to discover for themselves
(duties of possessors of land) duty to invitees
exercise reasonable care to protect invitees against dangerous conditions possessor should know of but invitees are unlikely to discover
(cause) res lpsa loquitur
permits jury to infer both negligent conduct/ causation
(cause) factual cause - causation in fact
defendants conduct was the actual cause of, or a substantial factor in causing, the injury
(limitations on causation in fact) forseeability
no liability if defendant could not reasonably have anticipated injuring the plaintiff or a class of persons to which the plaintiff belongs
(limitations on causation in fact) superseding cause
intervening act that relieves the defendant of liabilities
(harm) harm to legally protected interest
courts determine which interest are protected from negligent interference
(harm) burden of proof
plaintiff must prove that defendants negligent conduct caused harm to a legally protected interest
(defenses to negligence) contributory negligence
failure of a plaintiff to exercise reasonable care for his own protection, which in a few sates prevents the plaintiff from recovering anything
(defenses to negligence) comparative negligence
damages are divided between the parties in proportion to their degree of negligence; applies in almost all states
(defenses to negligence) assumption of risk
plaintiff's express consent to encounter a known danger, some states still apply implied assumption of the risk
strict liability
liability for non intentional and non negligent conduct
(activities giving rise to strict liability) abnormally dangerous activities
involve a high degree of serious harm and are not betters of common usage
(activities giving rise to strict liability) keeping of animals
strict liability is imposed for wild animals and usually for trespassing domestic animals
(defenses to strict liability) contributory negligence
not a defense to strict liability
(defenses to strict liability) comparative negligence
most states apply this doctrine to products liability cases
(defenses to strict liability) assumption of risk
a defense to an action based upon strict liability