Duty
The default duty owed by all persona is the duty to take __ care.
What is reasonable?
Breach is defines by failing to act as this type of person.
What is the reasonably prudent person?
In NY Central RR v. Grimstad, the court required proof that the defendant’s negligence was this type of necessary condition for the harm.
What is a but-for cause of the drowning?
The fundamental test asks whether harm was this to a reasonable person.
What is foreseeable?
These damages are meant to restore plaintiff to the position before the injury.
What are compensatory damages?
Under the majority rule, landowners owe different duties based on this three-part classification system.
What is the status trichotomy (invitee, licensee, trespasser)?
This rule states that a party is negligent when the burden of precautions is less than the probability of harm multiplied by the severity of the loss.
What is the Learned Hand formula (B < P × L)?
At the causation stage, a plaintiff must prove it is more likely than not that the defendant’s conduct caused the injury, rather than relying on this weaker form of reasoning.
What is mere possibility/speculation?
This case denied liability for unforeseeable plaintiffs at far ends of train platforms.
What is Palsgraf v. Long Island RR?
Pain and suffering recovery requires this mental state.
What is conscious appreciation of harm?
Municipalities owe a duty only where this exists.
What is a special relationship? (Cuffy)
This case held that custom does not set the standard of care.
What is the T.J. Hooper?
This standard applied when multiple independent acts are each sufficient to cause harm.
What is substantial factor causation?
Under the intervening causes doctrine, a defendant is not excused unless the intervenor's act is this.
What is unforeseeable/superseding?
These damages compensate statutory beneficiaries, not the decedent.
What are wrongful death damages?
Doctors must warn foreseeable victims of a patient's threats under this doctrine.
What is the Tarasoff duty to warn?
Emergency doctrine excuses conduct only when reactions must be...
What is split second/immediate?
This case permits burden shifting when defendant is in better position to explain harm.
What is Zuchowicz v. United States?
This rule makes defendants liable for plaintiffs with unusual vulnerabilities.
What is the eggshell plaintiff rule?
This case held that family cannot recover for grief/sorrow but can recover for consortium.
What is Krouse v. Graham?
Name two situations where a duty to rescue exists.
What is: Special relationship, voluntary assumption of care, creating risk, co-adventurers.
This case allowed circumstantial evidence in a slip and fall even without proof of how long hazard existed.
What is Clark v. Kmart?
In Summers v. Tice, liability was imposed under this doctrine.
What is alternative liability?
A negligent defendant is liable for rescuers because rescue is considered this.
What is a foreseeable response (rescuer rule)?
This rule awards percentage damages where negligence reduces a chance of survival.
What is the loss of chance (Matsuyama).