Blaming the Plaintiff
When a plaintiff is responsible for a portion of the negligence, they are barred from recovering anything
What is Contributory Negligence? (Plaintiff's Negligence)
1) the plaintiff and the victim are closely related
2) the plaintiff was at the scene of the incident
3) the shock from the incident caused severe emotional damage directly from the contemporaneous observance of the event
What is the Zone of Danger?
Damages awarded above just compensation to plaintiff that are intended to punish and deter the defendant
Usually come from willful, wanton, and malicious acts
cannot be 10x more than compensatory damages
What is Punitive?
Duty to prevent children from trespassing into area they are likely to trespass
What is Attractive Nuisance?
When a plaintiff is responsible for MORE than 50% of negligence, they are barred from recovery
What is the 50/50+ rule?
When a plaintiff voluntarily chooses to proceed with act despite knowing the risk involved. The warnings of risk must be oh-so-specific
What is Assumption of Risk?
When the interposition of a separate agency cuts off liability from the defendant to the plaintiff ie. a criminal
What is an Intervening Factor?
Damages intended to compensate for the economic losses a plaintiff suffered
ie. loss wages (taxable) (past, present, future), to repair/replace property, medical bills, out of pocket expenses
What is Pecuniary?
When someone holds a specific role they are responsible for acting reasonably within that specific realm of skill, knowledge, and ordinary care
What are Special Relationships?
When each defendant has the same duty, yet they both fail to perform that duty, they are both entirely liable for the loss they caused in part (both pay 100% regardless of causing 50%)
What is Joint Liability?
When a plaintiff contributes to some of the negligence, the amount in which they may recover is reduced
What is Comparative Negligence?
Negligent conduct that started the injury
What is But For Cause?
Damages that compensate the plaintiff for the emotional and physical harm caused by the injury
ie. pain and suffering, grief, anguish, loss of enjoyment of life
What is Non-pecuniary?
When a promise is made, there is a duty to fulfill the promise reasonably
What are Gratuitous Undertakings?
When each defendant is responsible for their proportionate share of the loss (when all defendants are present)
What is Several Liability?
The plaintiff will be held liable for the portion of negligence of which they contributed
What is the Pure Form Rule?
For liability to occur the results of negligence must be proximate to the defendants act, when they are far removed from the acts that caused the negligence they are
What is Too Remote?
A personal injury claim that claims there is a deprivation of benefits the decedent would have otherwise provided
Loss of survivors: defendant pays if someone was depending on decedent
Loss of Estates: defendant pays estate regardless of successors
What is Loss of Consortium?
When a person needs help and you begin performance, you must reasonably help
What is the Duty to Rescue?
Each defendant is responsible for their proportionate share they hold in the market
What is Market Share Liability?
When both parties contribute 50/50, the plaintiff is barred from recovery
What is the 50/50 rule?
Every person is liable in damages for the proximate results of their own negligent acts
What is Proximate Cause?
Action filed by decedents executor on their behalf for a tortious death
What is Wrongful Death?
Invitees = going to target (duty to ensure premises are safe and inspected)
Lisensees = a friend for dinner (no duty, but may not conceal dangers)
Trespassers = unwarranted intruder (no duty, but may not willfully harm)
What are the Duties of Owners and Occupiers?
Damages that are intended to repay the plaintiff for injury that occurred
What are Compensatory Damages?