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Tort
A tort is a civil wrong that causes harm to another person or their property.
Negligence
A breach of a legal duty to act reasonably that is the direct cause of injury to another.
Legal Duty
A legal obligation imposed on an individual to act with reasonable care to avoid causing foreseeable harm to others.
Breach of Duty
When a person fails to meet the standard of care that a reasonable person would exercise in a similar situation.
Good Samaritan Rule
A doctrine that protects people who help others in emergencies from civil lawsuits. The doctrine is based on the idea that people should be encouraged to help others without fear of unnecessary legal consequences.
Contributory Negligence
A legal defense where a defendant argues that the plaintiff contributed to their own injury through their own negligence - barring them from recovering any damages.
Attractive Nuisance Doctrine
A principle that holds property owners liable for injuries to children who trespass on their property. The doctrine applies when a dangerous condition on the property attracts children and injures them.
Trespasser
A person who enters another individual's property without their permission or legal right to be there, essentially meaning they have knowingly invaded someone else's land without authorization.
!!DAILY DOUBLE!!
Pure Comparative Negligence
A legal principle where a plaintiff can recover damages from a defendant even if they were partially at fault for their own injuries, with the amount of compensation reduced proportionally to their percentage of fault.
Invitee
A person who is invited onto a property by the owner for a purpose that directly or indirectly benefits the property owner
Licensee
A person who has been given permission to enter someone else's property for their own benefit or convenience, but without a mutual commercial advantage to the property owner
Foreseeability
A legal concept that determines if a person's actions could have reasonably resulted in harm.
Assumption of Risk
A legal defense that prevents a plaintiff from recovering damages in a tort case if they voluntarily accepted the risks of an activity.
Injury
Any legally recognized harm or damage suffered by a person due to the actions or omissions of another, which can include physical harm, property damage, or economic loss.
Duty Owed to Trespassers
To not intentionally harm them while on your property.
Proximate Cause
The direct and immediate link between a breach of duty and an injury.
!!DAILY DOUBLE!!
Nevada's Modified Contributory Negligence Rule
If a plaintiff is more than 50% responsible for their own injury, they cannot recover damages.
Duty Owed to Licensees
To warn them about known dangers on your property
Foreseeability
Refers to whether a reasonable person of ordinary prudence could have anticipated or predicted the harmful consequences of their actions, essentially determining if the resulting injury was a likely outcome of their behavior.
Reasonable Person of Ordinary Prudence
A hypothetical person who uses common sense and good judgment in similar situations.
Duty Owed to Invitees
To "search and destroy" all potential dangers which may befall a guest on your property.
Negligence Per Se
A person is automatically considered negligent if they violate a statute or regulation, essentially meaning that the act of breaking the law itself constitutes a breach of duty of care.
Intervening or Superceding Occurrence
Refers to an event that occurs after a defendant's initial negligent act, contributing to the plaintiff's injury, but is so unforeseeable and independent that it breaks the chain of causation, potentially relieving the defendant of legal responsibility for the harm caused.
Res Ipsa Loquitor
An inference of a defendant's breach of duty which creates a prima facie case of negligence.
Children and the Reasonable Person Test
Children are held to a modified standard of the reasonable person test. This means that a child's actions are compared to those of other children of the same age, intelligence, and experience.
!!FINAL JEOPARDY!!
Give me an example of when a person's legal status might change from invitee to licensee to trespasser within minutes...
A great example of a person shifting from invitee to licensee to trespasser in minutes is a customer at a retail store after closing time. Here's how:
Invitee – A person enters a department store during regular business hours to shop. They are there for the mutual benefit of both themselves and the store, making them an invitee. The store owes them the highest duty of care, including inspecting for dangers and warning of any hazards.
Licensee – As the store is about to close, an employee announces over the intercom that the store is closing in five minutes. The person lingers, browsing items but not intending to buy anything. Once the store closes to the public, they are no longer there for the store’s business purpose but remain with permission (albeit implicitly), making them a licensee. At this point, the store only owes them a duty to warn of known dangers.
Trespasser – A few minutes after closing, the person ignores additional announcements, refuses to leave, and wanders into a restricted stockroom marked "Employees Only". At this moment, they no longer have permission to be on the premises and have exceeded the scope of their initial invitation, making them a trespasser. Now, the store's only duty is to avoid willfully or wantonly harming them.