Duty
The default standard of care.
What is reasonable person standard.
Rule Statement for Breach
What is failure to comply with the relevant standard of care.
Causation requires
What is Cause In-Fact and Proximate Cause
Pecuniary Damages include
Property and personal injury
Not a defense to negligence.
What is Consent.
Abolishes entrance statuses for landowner duties.
What is Rowland.
Breach of Negligence per se
What is failure to comply with the applicable, unexcused statute
Cause In-Fact used with multiple contributing factors
What is the substantial factor test
Non-Pecuniary Damages Include
What is Pain and suffering, loss of enjoyment of life, loss of consortium
Complete bar to Plaintiff recovery.
What is contributory negligence.
Level of care owed to Invitees.
What is Reasonable Care.
An attempt to recover for negligence without concrete evidence.
What is res ipsa loquitor
Holding multiple defendants jointly and severally liable.
What is Alternative Causation
True or False: Pecuniary Damages may include loss bonuses
Three types of comparative fault
What is pure fault, equal fault, greater fault.
Excuses to Negligence Per Se.
What is: the violation is reasonable due to actor's incapacity; the actor does not know, nor should know, of the occasion for compliance; the actor is confronted with an emergency not a result of his own conduct; after reasonable diligence, is unable to comply; risk of harm to others is greater with compliance.
The Hand Formula.
What is B < PL
Rule Statement for Proximate Cause
What is: A plaintiff must demonstrate the Defendant's conduct was the substantial and foreseeable result of the harm.
Hedonic Damages are for
What is loss of well being
Government action not protected by immunity.
What is ministerial function.
Five balancing factors for child trespassers under the majority rule.
What is: Foreseeable a child will trespass; Owner knows or has reason to know of a condition and it is foreseeable it will involve an unreasonable risk of death or serious bodily harm; because of the age/experience of the child, does not discover or realize the harm; the utility of maintaining the condition is slight to its risk; landowner does not use reasonable care.
The Wigmore Test
What is: The accident must be of the kind that is not common without negligence; the harm is caused by an agency of instrumentality under exclusive control of the defendant; the plaintiff could not have voluntarily contributed to the harm.
Superceding Intervening Factors
Fire, voluntary intoxication, suicide.
Punitive Damage Ratio
Parents remain immunity for
What is: Exercises of parental authority over the child; Exercises of ordinary parental discretion with respect to the provision of food, clothing, housing, medical, and dental services, and other care.