True or False
True or False
An intervening force is always a superseding cause.
False, it can become a superseding cause.
A professional is required to possess and exercise the knowledge and skill of _____________.
A professional is required to possess and exercise the knowledge and skill of a member of the profession or occupation in good standing
Also acceptable: a reasonable member of the occupation
A social guest is treated as a _________
licensee
Just like violation of a stuatute, a defendant's adherence to a statute is evidene of due care when _________.
Never!
This does not work in reverse.
D's Violation of a statute = can be used against D
D's adherence to a statute = not completelyyyy irrelevant, but does NOT establish due care
The type of indirect cause that disrupts the causal chain and relieves D of liability
A superceding cause
True or False
The reasonably prudent person standard is objective
True
In what instance is a rescuer NOT a foreseeable plaintiff
When the rescue is conducted recklessly
If an undisclosed risk was serious enough that a reasonable person in the patient’s position would have withheld consent to the treatment, the doctor has breached this duty
The duty of informed consent
Res Ispa loquitur allows the fact finder to ______ D's negligence.
Res Ispa loquitur allows the fact finder to infer D's negligence.
Explain proximate and actual cause. Give the alternative names.
Actual Cause or Cause in Fact
- The injury would not have occurred but for D's act
Proximate Cause or Legal Cause
- the harm was a foreseeable result of D's actions
True or False
Negligence Per Se automatically establishes duty, breach, and causation for the plaintiff's action.
False
It establishes only duty and breach
What three characteristics define the reasonable prudent person standard?
Physical characteristics: if relevant to the claim, the “reasonable person” is considered to have the same physical characteristics as D
Average Mental Ability: D must act as would a person with average mental ability; individual mental disabilities are not considered
Same Knowledge as Average Member of Community: D is deemed to have knowledge of things known by the average member of the community (e.g., that fire is hot)
__________ and __________ are required to exercise a very high degree of care toward their passengers and guests
Common Carriers and Innkeepers are required to exercise a very high degree of care toward their passengers and guests
Describe the majority view of proximate cause. Give the name, creator, and description.
Cardozo View - (majority): zone of danger approach
- allows recovery only to those within a foreseeable zone of danger
1. did the intervention bring about a different type of harm than that which would’ve resulted from D’s negligence?
2. is the intervening force operationg indpenetdently to any situation created by D’s negligence?
True or False
The firefighters rule bars firefighters and police officers, on public policy or assumption of risk grounds, from being sued by plaintiffs in a negligence action
False
The firefighters rule bars firefighters and police officers, on public policy or assumption of risk grounds, from recovering for injuries caused by the inherent risks of their jobs.
It bars THEIR recovery, not a plaintiff's
Describe the attributes of and duties owed by a landowner to a licensee, an invitee, and a trespasser.
licensee: one who enters on the land with L’s permission, express or implied, for her own purpose or business rather than for the landowner’s benefit; duty to warn of or make safe a dangerous condition known dangerous conditions
invitee: a person who enters onto the premises in response to an express or implied invitation of the landowner for the landowner’s benefit; duties owed to licensees plus a duty to inspect and make safe
Discovered trespasser: duty to warn the trespasser of, or to make safe, artificial conditions
undiscovered trespasser: no duty
The standard of care that children are held to
the standard of care of a child of like age, intelligence, and experience
1. the event normally would not occur w/o negligence, and
2. D had exclusive control of the instrumentality causing P’s harm
Describe the eggshell-skull plaintiff rule
the fact that the extent or severity of the harm was not foreseeable does not relieve D of liability
True or False
If a landowner posts no trespassing signs, all trespassers will be deemed undiscovered.
False
P must show:
1. existence of a dangerous condition on the land of which the owner is or should be aware;
2. owner knows or should know that young persons frequent the vicinity of this dangerous condition;
3. the condition is likely to cause injury, i.e., is dangerous, because of the child’s inability to appreciate the risk; and
4. the expense of remedying the situation is slight compared with the magnitude of the risk
Prenatal injuries are only actionabe if __________.
the fetus is viable at the time of injury.
Even if all elements of Negligence per se are met, a defendant can still avoid liability if the violation of the statute was what a __________ ___________would do under the circumstances, or if the violation of the statute was necessary for the greater public good.
Reasonable person
1. the intervening force becomes a superseding cause
2. the intervening force was foreseeable, but the results were unforeseeable
3. the intervening force was an intentional tort committed by a third party