Torts
the determination that the defendant's breach of duty resulted directly in the plaintiff's injury
Actual Cause
A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. Literally, the term means "the facts speak for themselves."
Res Ipsa Loquitur
A legal defense that may be raised when the defendant feels that the conduct of the plaintiff somehow contributed to any injuries or damages that were sustained by the plaintiff.
Contributory Negligence
holding a defendant liable without a showing of negligence
Strict Liability
Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability.
Proximate Clause
A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. Literally, the term means "the facts speak for themselves."
Res Ipsa Loquitur
a defense accepted in some states whereby the defendant is not liable for the percentage of harm that he or she can prove is due to the plaintiff's own negligence
Pure Comparative Negligence
person who commits a tort
person who commits a tort
money intended to restore a plaintiff to the position he was in before the injury
Compensatory Damages
a doctrine that allows a judge or jury to infer duty and breach of duty from the fact that a defendant violated a criminal statute that was designed to prevent the type of harm that the plaintiff incurred
negligence per se
defendant must be more than 50% at fault before the plaintiff can recover
Modified Comparative Negligence
A small monetary award (often one dollar) granted to a plaintiff when no actual damage was suffered.
Nominal Damages
damages exceeding simple compensation and awarded to punish the defendant.
Punitive Damages
A doctrine used by a plaintiff when the defendant establishes contributory negligence. If the plaintiff can establish that the defendant had the last opportunity to avoid the accident, the plaintiff may still recover, despite being contributorily negligent.
Last Clear Chance Doctrine
A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger.
Assumption of Risk
an action committed with extreme reckless disregard for the property or life of another person
Gross Negligence
A statute that exempts from liability a person, such as a physician passerby, who voluntarily renders aid to an injured person but negligently, but not unreasonably negligently, causes injury while rendering the aid.
Good Samaritan Statute