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reasonable person standard
An adult ordinarily must act as a reasonably prudent person under similar circumstances.
Physical disabilities are taken into account; mental deficiencies, inexperience, and intoxication ordinarily are not.
A professional must exercise the knowledge and skill of a reasonably competent member of the profession.
respondent superior
An employer is vicariously liable for an employee’s tort committed within the scope of employment.
Conduct is within scope when it is of the kind employed to perform, occurs substantially within authorized time and space, and is motivated at least partly to serve the employer.
detour
definition & whether acts committed during a detour are within the scope of employment
A minor deviation for personal purposes is a detour within the scope of employment
land possessor's duty owed to trespassers
A land possessor generally owes an undiscovered trespasser no duty except to refrain from willful, wanton, or reckless injury.
For known or anticipated trespassers, the possessor must warn of or make safe concealed, highly dangerous artificial conditions known to the possessor.
pure comparative fault
the plaintiff's damages are reduced by the plaintiff's percentage of responsibility
general duty of care & jurisdiction split as to foreseeability
a person owes a duty of reasonable care to foreseeable plaintiffs who may be harmed by the person's conduct.
under the majority approach, a plaintiff outside the foreseeable zone of risk may be owed no duty;
some jurisdictions treat remoteness primarily as a proximate- cause issue.
how to determine whether tortfeasor was an employee vs independent contractor
Employee status turns principally on the employer’s right to control the manner and means of work.
Relevant factors include supervision, skill, tools, method of payment, duration, right to discharge, and whether the work is part of the employer’s regular business.
Labels and tax treatment are relevant but not controlling.
frolic
definition & whether acts committed during a frolic are within the scope of employment
a substantial abandonment of the employer’s business is a frolic outside scope.
land possessor's duty owed to invitees
An invitee enters for a purpose connected with the possessor’s business or as a member of the public on land held open to the public.
The possessor must reasonably inspect, discover, warn of, and make safe dangerous conditions, and use reasonable care in activities.
modified comparative fault
the plaintiff's damages are reduced by fault bu recovery is barred when the plaintiff reaches or exceeds the jurisdiction's specific threshold, commonly 50 or 51 percent
when are criminal or intentional intervening acts NOT superseding
such acts are not superseding and do not cut off liability when the defendant's negligence increased the foreseeable risk of that very misconduct, such as negligent security or leaving a vulnerable person exposed.
employer's liability for intentional torts by employee
An employer is ordinarily not vicariously liable for an employee’s intentional tort unless the conduct was authorized, motivated to serve the employer, naturally incident to the employment, or foreseeable because the employment creates friction or invites the conduct.
commute
whether acts committed while commuting are within the scope of employment+ exception
Ordinary commuting is generally outside scope unless the employee is on a special errand or the travel itself serves the employer.
land possessor's duty owed to licensees
A licensee enters with permission for the licensee’s own purpose.
The possessor must warn of concealed dangerous conditions known to the possessor and use reasonable care in active operations, but traditionally has no duty to inspect for unknown defects.
contributory negligence
a plaintiff whose negligence is an actual and proximate cause of the injury is barred from recovery, subject to limited exceptions such as the defendant's last clear chance and certain intentional, reckless, or statutory- duty claims
punitive damages ordinarily require conduct more culpable than ordinary negligence
principal's vicarious liability for an independent contractor's negligence
A principal is generally not vicariously liable for an independent contractor’s negligence.
Exceptions include inherently dangerous work, nondelegable duties, negligent selection or supervision, apparent agency, and duties imposed by statute or arising from premises held open to the public.
duty to control third persons
A person with a special relationship to a dangerous actor or foreseeable victim may have a duty to use reasonable care to control the actor or protect the victim when the person has the ability and opportunity to do so.
attractive nuisance doctrine
A land possessor may be liable to a child trespasser for an artificial condition when children are likely to trespass, the condition poses an unreasonable risk of death or serious harm, the child because of youth does not appreciate the risk, the burden of eliminating the danger is slight compared with the risk, and the possessor fails to use reasonable care.
joint & several liability
when multiple tortfeasors cause an indivisible injury, each may be liable for the entire judgment under joint- and- several liability, subject to contribution and statutory modification.
The plaintiff may obtain only one full recovery.
res ipsa loquitur
Negligence may be inferred when the event ordinarily does not occur without negligence, the likely causes were within the defendant’s responsibility or sufficiently eliminated, and the injury was not due to the plaintiff’s voluntary conduct.
The doctrine permits but ordinarily does not compel an inference and does not shift the ultimate burden of proof.
partnership & joint venture liability
A partnership is liable for a partner’s tort committed in the ordinary course of partnership business or with partnership authority. Joint venturers may be vicariously liable for one another’s torts within the venture when they share a common purpose, financial interest, and right of control.
negligence per se
Violation of a safety statute may establish breach when the plaintiff belongs to the protected class and suffered the type of harm the statute was designed to prevent. The violation must be unexcused and causally connected to the injury. Jurisdictions vary on whether violation is conclusive or merely evidence of negligence.
modern land possessor's duty
Many jurisdictions replace entrant categories with a general duty of reasonable care to lawful entrants, while retaining limited duties to flagrant trespassers.
Foreseeability, purpose of entry, and burden of precautions remain relevant.
indemnity
Indemnity shifts the entire loss from one tortfeasor to another when required by contract, statute, vicarious liability, or a significant difference between passive and active responsibility recognized by law.