Negligence
An act that breaches a duty of care, that was approximate cause of harm to another person
What is Negligence?
Rule: Reasonable Prudent Person (RPP) under the circumstances. Only one standard: Reasonable Care. (Key Case: Stewart v. Motts)
Standard of Care
Failure to act as a Reasonably Prudent Person under the circumstances.
What is Breach Of Duty?
Plaintiff may recover full damages from any negligent defendant where harm is indivisible.
What is Joint and Several Liability?
Would the harm have occurred “but for” the defendant’s conduct
But-For Causation
Unexcused statutory violation is Negligence Itself (shifts burden of proof). Key Requirements: i. P is in Class Protected. ii. Harm is the Type Protected. iii. Violation must be Unexcused (e.g., lack of notice can excuse, Sikora).
What is Negligence Per Se
Rule: AIMEE Standard (Age, Intel, Maturity, Exp). Exception: Adult/Inherently Dangerous Activity Adult Standard. (Key Case: Robinson v. Lindsay)
What is a Children RPP?
(B < P × L). Breach when burden of prevention is less than probability times severity of harm. (Key Case: Carroll Towing)
What is Learned Hand Formula?
Damages are apportioned based on each defendant’s percentage of fault when harm is divisible.
What is Several Liability ?
When two forces are each sufficient to cause harm, both are liable. (Key Case: Kingston)
Multiple Sufficient Causes
Rule: B < P × L. Negligence if burden of precaution is less than probability times severity of loss. (Key Case: Carroll Towing / Dobson)
What is Leaned Hand fourmal?
Rule: RPP with the same disability. (Key Case: Poyner v. Loftus)
What is Physical Disability RPP?
Compliance with ____ ____ is relevant but not conclusive of due care. But is relevant to Lawyer and Doctor (Key Case: The T.J. Hooper)
What is industry custom?
Plaintiff’s damages reduced by their percentage of fault, even if 99% at fault.
What is Pure Comparative Fault?
Burden shifts to defendants to prove they were not the cause when both were negligent. (Key Case: Summers v. Tice)
What is Alternative Liability?
Allows inference of negligence when direct proof is lacking. Key Requirements: i. Accident does not ordinarily occur absent negligence. ii. Instrumentality was under Exclusive Control of D.
What is Res Ipsa Loquitur?
Rule: General Rule: Held to RPP standard. Exception: Professional Caregiver No duty to caregiver for disability-related acts. (Key Case: Creasy v. Rusk)
What is the Mental Disability Standard?
Unexcused statutory violation constitutes breach automatically if statute applies.
What is Negligence Per Se?
Any negligence by plaintiff is a complete bar (only in AL, MD, NC, VA, DC).
What is Contributory Negligence?
Defendant liable for full extent of injury, even if plaintiff had pre-existing vulnerabilities.
What is Eggshell Rule?
Rule (Foreseeability test): At the Scene Closely Related (blood/marriage) Serious Injury/Death to victim. Or was wrongfully, made aware of a Serious Injury/Death that did not happen of Closely Related
What is Negligent Infliction of Emotional Distress (NIED)?
Rule: Standard of Care is dictated by Custom in the profession.
What is Malpractice?
Inference of breach when accident would not ordinarily occur absent negligence and defendant had control. And when the Instrumentality was under Exclusive Control of Defendant.
What is Res Ipsa loquitor?
Employer liable for torts of employee committed within scope of employment.
What is Vicarious Liability or Respondent Superior?
Liability for harms that are the same general type as those reasonably foreseeable (even if extent/manner is greater). (Kinsman Transit)
What is Scope of Risk?